Loading...
HomeMy WebLinkAboutReso 1990-055 - Memorandum of understanding between the city and redding public safety dispatchers RESOLUTION NO. 570-.5.5— A 0-,r5—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 REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION (RPSDA) , EFFECTIVE JANUARY 7 , 1990 . WHEREAS , the Redding Public Safety Dispatchers Association (RPSDA) has been formally recognized as the exclusive represen- tative of an appropriate unit of employees , as set forth in Section 2 .1 of Article 2 of the attached Memorandum of Understanding; and WHEREAS, the designated representatives of the City of Redding have conferred with and entered into a Memorandum of Understanding with the designated representatives of the Redding Public Safety Dispatchers Association, as required by the provisions of the Meyers-Milias-Brown Act of 1968 ; and WHEREAS , a true copy of the Memorandum of Understanding is attached hereto as Exhibit "A" 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 Understanding is hereby approved, and shall become effective January 7 , 1990 . 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 16th day of January, 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, Johannessen, & Carter NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None SCOTT CARTER, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FO PPROVED: RA DALL A. HAYS , ity Attorney -2- MEMORANDUM OF UNDERSTANDING Between CITY OF REDDING and REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION EFFECTIVE: December 6, 1988 Amended: January , 1990 to be effective January 7, 1990 y�,y (p,,2 �� pry t�: 6'S 6� 3c�Yfi"iY's3 r ' I TABLE OF CONTENTS Article Page 1 Preamble 1 2 Recognition 3 Association Security 3 4 Grievance Procedure 4 5 Safety 6 6 Disability and Unemployment 6 7 Employee Status 7 8 Wages and Classifications 8 9 Hours and Overtime 9 10 Seniority 11 11 Promotion and Transfer 11 12 Demotion and Layoff 11 13 Leave of Absence 12 14 Expenses 13 15 Sick Leave 13 16 Funeral Leave 14 17 Holidays 14 18 Vacations 15 19 Uniforms 17 20 Miscellaneous 18 21 Employee Benefit Programs 18 22 Entire Agreement 20 23 Term 20 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 6th day of December, 1988, by and between 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 REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION (a recognized employ- ee 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 re- ferred to as Association, WITNESSETH that: WHEREAS, the parties hereto desire to facilitate the peaceful adjust- ment of differences that may from time to time arise between them , to pro • - mote 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 employ- ees of the City, NOW, THEREFORE, the parties hereto do agree as follows: ARTICLE 1 Preamble 1. 1 The parties acknowledge the provisions of Chapter 10 (Section 3500, et seq. ) of Division 4 of Title 1 of the Government Code of the State of California. 1.2 It is the policy of the City and Association not to, and nei- ther 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 estab- lished condition of employment. During the term of this Memorandum of Under- standing employees shall not partially or totally abstain from the perfor- mance 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 collec- tively partially or totally abstain from the performance of their duties for City or unreasonably or arbitrarily refuse or fail to respond to overtime work requirements shall be subject to disciplinary action up to and including discharge from employment. • s . III 1.5 City employees shall perform loyal and efficient work and ser- vce, and shall use their influence and best efforts to protect the proper- ies of City and its service to the public and shall cooperate in promoting =-1d advancing the welfare of City and in preserving the continuity of its service to the public at all time. 1 .6 City and Association shall cooperate in promoting harmony and efficiency among City employees. 1.7 Notwithstanding anything to the contrary, the Association recog- nizes and accepts the right of City of Redding management to manage the Jty. This recognition includes acceptance of the fact that the management rights listed below are riot subject to the grievance procedure. However, Grievances may be filed upon interpretations of the provisions of this Memo- randum of Understanding other than those set forth in this section. It is a;reed by the parties to this Memorandum that management rights include, by way of illustration and not by way of limitation, the following: (a) The fall and exclusive control of the management of the City. (b) The supervi- sion of all operations, methods, processes and means of performing any and all work, the control of the property and the composition, assignment, direc- tion and determination of the size of its working forces. (c) The right to determine the work to be done by employees. (d) The right to change or intro- -r.ce new or improved operations, methods, means or facilities. (e) The right t-o hire, schedule, promote, demote, transfer, release and layoff employees,. and the right to suspend, discipline and discharge employees and otherwise to _aintai.n an orderly, effective and efficient operation. Provided, however, that all of the foregoing shall be subject to the express and explicit terms and provisions of this Memorandum of Understanding. 1.8 The parties have met and conferred in good faith and have reached agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes between the parties. The Association agrees that it will follow the procedures as set forth in the Memorandum of Understanding or the bargaining process required by the Meyers-Milias-Brown Act and will make every effort to persuade its members to also use the established proce- dures, 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. ARTICT,F 2 Recognition 2.1 The City recognizes the Association as the "Exclusive Represen- tative" of all employees of the City who hold the classification of Public Safety Dispatcher, Senior Public Safety Dispatcher, or Communications Shift Supervisor. The provisions of this Memorandum of Understanding hereinafter set forth shall only apply to those employees of the City of Redding for whom the Redding Public Safety Dispatchers Association is the established exclu- sive representative. 2.2 Official representatives of Association will be permitted ac- cess to City property to confer with City employees on matters of employer-em- ployee relations, but such representatives shall not interfere with work in progress without agreement of Management. 2 2.3 The City will provide the Association adequate bulletin board space for the purpose of posting thereon matters relating to official Associa- tion business. 2.4 The City and the Association will not interfere with, intimi- date, restrain, coerce or discriminate against any employee because of the employee's membership or nonmembership in Association or the employee's activ- ity on behalf of the Association. 2.5 Any employee, at the employee' s request, shall be permitted representation by a Association representative. The foregoing shall apply to hearings, reprimands, investigations and disciplinary actions, providing there is no unreasonable delay in obtaining representation. 2.6 Joint Association-Management meetings shall be held as often as agreed upon by Association and Management. The purpose of these meetings shallbe to promote harmony and efficiency and to improve communications between employees and all levels of management. The meeting agenda shall be determined by those in attendance and there shall be no restrictions on the subject matter; provided, the meetings shall not substitute for normal griev- ance procedures or for formal negotiations between the parties. The meetings shall be summarized in written minutes. Except that the provisions of this section shall be observed, the meetings shall be self-organizing. ARTICLE 3 Association Security 3.1(a) Every employee covered by this Memorandum of Understanding shall, as a condition of employment: ( 1) Become a member of the Association and maintain the--empleyeels membership in the Association in good stand- ing in accordance with its Constitution and bylaws; or (2) --in--the--elterna- tve7- -an--emplepee-must-tender-a-registration-€ee-te-the-Asseeiatien-equal-te the-initiation-fee-required-e€-Asseeiatien-members;-and shall tender month- ly, an agency fee in an amount equal to the amount of the monthly dues and-per--eapite--fees--required--e€--members;--exeept--that= as outlined in subsection 3.7. 3.1(b) Any employee of the City in a classification represented by Association and who, on the effective date of this Memorandum of Understand- ing, was an employee and was not a member of the Association, and who remains an employee continuously after the effective date of this Memorandum of Under- standing is exempt from the provisions of Section 3. 1(a) unless the employee becomes a member of Association. 3. 1(c) Any employee appointed to any classification out of the bargain- ing unit covered by this Memorandum of Understanding may withdraw from member- ship 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. 3 . III 411 3.3 The City shall deduct from their wages the regular membership dues of employees who are members of the Association or agency fees of other employees provided for in 3.1(a) not exempted by the provisions of 3.1(b) or 3. 1(c), and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157.3 of the Government Code of the State of California. 3.4 Deductions shall be made in equal a=unts each from--the seeend payroll period e€--each--ttienth; and a check for the total deduc- t�ons shall be submitted to the Redding Public Safety Dispatchers Associa- tion, Post Office Box 992555, Redding, California 96099, within five (5) working days of the date the dues or agency fees are withheld from the employ- ee' s check. The City shall notify the Associatio-. each--month--at--the t me---h€---the--dues--er--ageney--€ees--traflsmittal--te--Asseeiatien of any changes snee-the-previetts-does-er-agency-€ees--transtn==tal--and--tke--reaserts there€er in bargaining unit membership. 3.5 , The form of check-off authorization shall be approved by both the City and the Association. 3.6 Upon written request from the Association, the City shall, within twenty-one (21) calendar days, terminate the employment of any employee who fails to comply with the requirements of this Article. 3.7 Notwithstanding the foregoing provisions of this Article, any employee with lawfully established valid objections to membership or finan- cial support of an Association shall be peLmitted to rake appropriate pay- rents in lieu of payments to the Association to other appropriate organiza- tions as established by law, in accordance with the provisions of Section 3502.5 of the Government Code of the State of California. ARTICT.F 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 representative and the employee's immediate management-level Supervisor, who will answer within five (5) work days. This step shall be started within thirty (30) work calendar days of the date of the action complained of or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the grievant. 4.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be a discussion between the employee representative or the Association's Business Representative and the Division Commander who will 4 • answer within five (5) work days. This step shall be taken within (5) work days of the date of the answer in Step One. 4.4 Step Three: If a grievance is not resolved in the second step, the third step shall be the presentation of the grievance in writing by the Association's Business Representative to the Police Chief who shall answer within ten (10) work days. This step shall be taken within five (5) work days of the date of the Division Commander's answer. in Step Two. 4.5 Step Four: If a grievance is not resolved in the third step, the fourth step shall be the presentation of the grievance in writing by the Association's Business Representative to the City Manager who shall answer in writing within ten ( 10) work days. The fourth step shall be taken within five (5) work days of the date of the answer in Step Three. 4.6(a) Step Five: If a grievance is not resolved in the fourth step, the fifth step shall be referral by either the City or the Association to arbitration. The fifth step shall be taken within twenty (20) work days of the date of the answer in Step Four. 4.6(b) An arbitrator shall be appointed on each occasion that a griev- ance is submitted to arbitration. In the event the City and the Association are unable to agree on the selection of an arbitrator, they shall request the Sate of California Mediation and Conciliation Service to nominate five (5) persons for arbitrator. The City and Association each will alternately chal- lenge 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 compen- sation and expenses of their respective appointees and witnesses. At Associations's request the City shall release employees from duty to partici- pate in arbitration proceedings. 4.6(c) The arbitrator shall hold such hearings and shall consider such evidence as to it appears necessary and proper. The first hearing shall be held as soon as practicable for the parties involved. The decision of the arbitrator shall be final and binding on City and Association and the ag- grieved 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 Under- standing. 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 re- sult in forfeiture except, however, that the aforementioned time limits may be extended by mutual agreement. Whenever the City fails to provide a timely answer to a grievance at any of the foregoing steps requiring an answer by the City, the Association may go forward with the grievance at the next step of the established procedure. 4.8 Notwithstanding the aforementioned procedure, any individual employee shall have the right to present grievances to the City and to have such grievance adjusted without the intervention of the Association, provided that the adjustment shall not be inconsistent with this Memorandum of Under- standing, and provided further, that the Association's Business Representa- tive shall be given an opportunity to be present at such adjustment. 5 III , Ill 4.9 Whenever the term work day or working day is used in this arti- cle, it shall mean any day that City Hall is open to the public. ARTICLE 5 Safety 5.1 The City Council desires to maintain a safe place of employment for City employees and to that end City management shall make all reasonable provisions necessary for the safety of employees in the performance of their work. 5.2 Regular safety meetings will be held bi-monthly for the purpose of reviewing accidents and preventing their recurrence, eliminating hazardous conditions and familiarizing employees with safe work procedures and applica- bl.e State Safety Orders and for training in first aid. 53 Employees will net be involuntarily assigned to Peliee Matron duties prier to being given adequate training in personal seareh and self-defense teehniques- ARTICLE 6 Disability and Unemployment 6. 1(a) Supplemental Benefits for Industrial Injury: Whenever any regular employee who is a member of the Public Employees' Retirement System is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of the employee's duties, which comes within the a:%plication of the Worker' s Compensation and Insurance Chapters of the State I,e_bor Code, the employee shall become entitled regardless of the employee's period of service with the City to compensation at the rate of seventy-seven and one-half percent (77.5) of the employee' s regular salary, in lieu of temporary disability payments, if any, which would be payable under the State Labor Code, for the period of such disability but not exceeding one year, or until such earlier date as the employee is retired on permanent disability pension 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 bene- fits or unemployment compensation benefits provided for under State law, and shall affirmatively assist the City in obtaining any such benefits to which the employee may be entitled but has not yet received arising out of such disability, but such payment from the employee to the City from such sources shall not exceed in amount the supplemental benefits paid to the employee by the City in accordance with the provisions of this paragraph. 6.1(b) An employee who is absent by reason of industrial disabil- ity may be returned to work by the City, and given temporary light duties within the employee's ability to perferm7 with the consent of the employee's physieian- The duration of any such period of temporary work shall be deter- mined by the City.- Sueh employee shall be compensated at the then current rate of pay of the employee's regular classification while engaged in such temporary duties.- 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 6 absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee' s position without hazard to himself, or to the employ- ee's own permanent health. 6.1(c) If a third party is found to be responsible for the employee's _rdustrial injury and the employee receives a judgment in damages from said third party, then all supplemental benefits received as provided for in Sec- ton 6. 1(a) not already repaid from the other sources mentioned in Section 6. 1(a) shall be repaid to the City by the employee. 6.1(d) Vacation and sick leave shall be accrued and group insurance coverage shall be maintained while a regular employee is absent from work as a result of a job related disability and receiving the supplemental benefits tc Worker's Compensation temporary 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 employ- ee pays the employee's share of the monthly premium to the City of Redding on or before the first day of the month for which the premium is intended. Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes. ARTICLE 7 Employee Status 7 .1 Employees will be designated as regular, probationary, 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 defined as an employee who has one (1) year, or more, seniority with the City in full-time employment. 7 .3 A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an authorized posi- tion and.is of indeterminate duration. A probationary 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, insur- ance coverage and items of a similar nature, as the employee becomes eligi- ble, but shall not be given preferential consideration for promotion or trans- fer or be eligible for a leave of absence. Upon completion of 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. 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 7 • pay, insurance coverage, retirement plan participation or items of a similar cloture, nor shall the employee accrue seniority, or promotion and transfer rights, or leave of absence rights. If a full-time temporary employee is reclassified to probationary status the employee shall be credited with all continuous service in determining eligibility 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. ARTICLE 8 Wages and Classifications 8.1(a) Employees shall be paid the wage established for their classification. Upon initial appointment to a classification, an employee shallnormally 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 ( 13) full pay periods of employment at salary step one with an overall satisfactory or above work performance, an employee shall be advanced to salary step two. After twenty-six full pay periods of employment at salary step two with an overall satisfactory or above work performance, an employee shall be advanced to salary step three. Notwithstanding the Foregoing, however, whenever any employee satisfactorily completes all phases of training as a Public Safety Dispatcher, the employee shall be advanced to salary step three, effective on the first day of the pay period following completion of all required training. When a Public Safety Dispatcher is qualified on all three (3) consoles and with an overall satisfactory perfor- vance evaluation, the employee shall be classified as a Senior Public Safety Dispatcher. 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 one-half of the regularly scheduled work hours. 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, (2) to an advisory committee comprised of two (2) representa- tives designated by the Association and one (1) representative designated by Police management. The committee will consider the appeal pursuant to depart- mental 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. 8.1(c) Attached hereto and made a part hereof is Exhibit "C" entitled Performance Standards. 8.2 Wages shall be paid at bi-weekly intervals on Thursdays Fridays for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a holiday, payments shall be made on the preceding workday. 8.3(a) If a Senior Public Safety Dispatcher or a Communications Shift • Supervisor voluntarily requests a demotion, the change will be effective the first day of the payperiod following the request. The employee will return to the same salary step as before the promotion, without loss of seniority. 8 4 8.3(b) When an employee is temporarily assigned to work in a classifi- cation lower than the employee's regular classification, the employee's rate of pay will not be reduced 8.4(a) Whenever any employee is assigned to shift work and performs duties between the hours of 4:00 p.m. and 12:00 Midnight, the employee shall receive shift differential pay of three and one-third percent (3-1/3%) 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 On a straight time Or an overtime basis. 8.4(b) Whenever any employee is assigned to shift work and performs duties between the hours of 12:00 midnight to 8:00 a.m. , the employee shall receive shift differential pay of five percent (5%) of the employee's regular hourly rate of pay for each hour worked between the hours set forth above, regardless of whether those hours are compensated therefor on a straight time or an overtime basis. 8.5(a) Attached hereto and made a part hereof is Exhibit A titled "Schedule of Wage Rates." 8.5(b) Effective January 6, 1991 wage rates shall be increased by three percent (3%) plus the change in the Bureau of Labor Statistics Consumer Price Index for Urban Wage Earners & Clerical Workers all U. S. Cities, 1967 base, between the index number for. December 1989 and November 1990; however, wage rates shall not be increased more than eight percent (8%) as set forth above. 8.5(c) Effective January 5, 1992 wage rates shall be increased by three percent (3%) plus the change in the Bureau of Labor Statistics Consumer Price Index for Urban Wage Earners & Clerical Workers all U. S. Cities, 1967 base, between the index number for December 1990 and t;ovember 1991; however, wage rates shall not be increased more than eight percent (8%) as set forth above. 876--Attached hereto and made a part hereof is Exhibit B; titled u3ob Definitions-II ARTICLE 9 Hours and Overtime 9. 1 All regular employees will receive full-time employment for each workweek employed, provided they report for duty and are capable of performing their work. This is not to be interpreted that the City does not retain the right to lay off or release employees an account of lack of work or other valid reason at the end of the workweek. 9.2 Each employee shall report for work at the employee's regularly established headquarters and shall return thereto at the conclusion of the day's work and the time spent in traveling between such headquarters and the job site shall be considered as time worked. 9.3(a) A workweek is defined to consist of seven (7) consecutive calen- dar 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 9 • i. on any day of the week or at any hour of the day during the workweek. For those employees assigned to daytime duty, the regular work hours shall be 8:00 a.m. to 12:00 noon, and 1:00 p.m. to 5:00 p.m. For those employees who are assigned to shift work, the regular shift shall consist of eight (8) consecutive hours with a meal break near the middle of the shift. Shift work hours are 4:00 p.m. to 12:00 midnight, 12:00 midnight to 8:00 a.m. and 8:00 a.m. to 4:00 p.m. The foregoing work shifts may, however, be changed by mutual agreement between the parties. Whenever it becomes necessary to re- schedule any employee's work days and/or work :hours, the City will give as much notice as possible and in any event not less than five (5) days notice in advance of the schedule change. Whenever employees are rescheduled as set forth above, they shall receive at least twelve (12) hours off between shifts. The parties shall conduct and participate in a joint study to con- sider the feasibility of alternate scheduling methods for the City's dispatch operation. Good faith meetings regarding the joint study shall be undertak- en immediately with a committee comprised of three (3) representatives of management and three (3) representatives of the Association. The product of the meetings and joint study will within ninety (90) days be presented to a joint implementation task force who will report to all parties within sixty (60) days. The goal of this task force will be to incorporate agreed-to changes into the budget process for fiscal year 1990-91, or as soon as practi- cable. 9.3(b) Regular employees who are routinely assigned to dispatching shall select shifts and days off by seniority with the department except as otherwise provided herein. Shifts will be scheduled every three (3) months and Management will post the schedule fifteen ( 15) days in advance of the schedule's effective date, provided that all affected employees have submit- ted shift requests on a timely basis. An employee will not be permitted to remain on a given shift in excess of nine (9) consecutive months, and shall spend a minimum of three (3) consecutive months on all shifts within a fif- teen ( 15) month period. 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 adjust- ment in assignment made after posting of the shift schedule shall not give any employee the right to displace another employee from a shift, days off, or vacation period. 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 sched- uled workday, (c) time worked on a non-workday, (d) time worked outside of regular hours on a workday, and (e) time worked on a holiday. Overtime shall be computed to the nearest one-quarter (1/4) hour. Time worked as defined in (a) or (c) above as a result of a shift change shall not be regarded as over- time 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 employ- ee 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 mariner as vacations are normally scheduled. 9.6 Employees who are required to report for work on their non-work- days, or on holidays they are entitled to have off, or outside of their regu- lar hours on workdays, shall be paid overtime compensation for the actual 10 III i time worked, but in no event for less than two (2) hours compensation. If an employee who is called out for such work outside of the employee's regular hours on a workday continues to work into the employee's regular hours, the employee shall be paid overtime compensation only for the actual time worked. If an employee performs overtime work Immediately following the end of the employee's regular shift, the employee shall be paid overtime compensa- tion only for the actual time worked. 9.7 Overtime shall he distributed as equally as is practicable among those employees who are qualified and available ar_:a who volunteer for overtime work, and the City shall not require employees who have worked over- time to take equivalent time off during a workday withou7_ pay. ARTICLE 10 Seniority 10.1 Seniority is defined as total length of continuous service with the City. In determining an employee' s seniority the continuity of the em- ployee's service will be deemed to be broken by termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff for more than six (6) consecutive months, (4) failure to return immediately on the expira- tion of a leave of absence or acceptance of other full-time employment while on leave, or (5) absence without pay, without a leave of absence, in excess of five (5) workdays. Continuity of service will not he broken and seniority will accrue when an employee is: (a) inducted, enlists or is called to ac- tive duty in the Armed Forces of the United States, or service in the Mer- chant Marine, under any Act of Congress which provides that the employee is entitled to re-employment rights, (b) on duty with the National Guard, (c) absent due to industrial injury, (d) on leave of absence or (e) absent due to layoff for a period of less than six (6) consecutive months. ARTICLE 11 Promotion and Transfer 11.1 All promotions and transfers shall be in accordance with stan- dards and procedures as determined by the City. 11.2 Whenever a vacancy occurs in any job classification which the City wishes to fill, the City may at its discretion, temporarily fill such vacancy. If practicable, the City will fill such temporary vacancy with the most qualified and available employee. ARTICLE 12 Demotion and Layoff 12. 1 When it becomes necessary for the City to lay off regular em- ployees, the City will give employees involved as much notice as possible; but in no event will such employees receive less than two (2) weeks' notice of layoff. Where probationary or temporary employees are to be laid off, no notice of layoff need be given. Regular employees shall not be laid off until all probationary and temporary employees have been laid off. 11 •. 12.2 Order of layoff of regular employees due to lack of work will be determined by an employee's seniority. 12.3 Regular employees who are laid off will be given preference in filling future vacancies for a period of up to six (6) months, providing they keep the City advised of their current address. 12.4 Notwithstanding the provisions of this Article the City's Direc- tor of Labor Relations and the Association's Business Representative may acree to other procedures during the term of this Memorandum of Understanding. ARTICLE 13 Leave of Absence 13.1 Leave of absence may be granted to regular employees by the City Manager for urgent and substantial reasons, up to a maximum of one year, providing satisfactory arrangements can be made to perform the employee's duties without undue interference with the normal routine of work. Inability to return to work after an employee's sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted. 1.3.2 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. 13.3 All applications for leave of absence shall be made in writing except when the employee is unable to do do. The conditions under which an employee will be restored to employment on the termination of leave of ab- sence 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 ab- sence the employee will be reinstated to the employee's former position and working conditions providing that the employee is capable of performing the duties of the employee's former position, except that if there has been a reduction of forces or the employee's position has been eliminated during said leave, the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence. 13.4 An employee' s status as a regular employee will not be impaired by such leave of absence and the employee's seniority will accrue. 13.5 If an employee fails to return immediately on the expiration of the employee's leave of absence 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 cover- age. An employee may, however, at the employee's option and expense, main- tain the employee's group insurance coverage providing the full monthly premi- um is received in the Finance Department of the City on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is a result of exhaustion of sick leave benefits, an employee's group insurance may be maintained for up to 12 410 Ilk three (3) calendar months on the normal premium-sharing formula, providing _he employee pays the employee's share of the premium on a timely basis. ARTICLE 14 Expenses 14. 1 Whenever an employee uses the employee's personal automobile for the City's convenience, the employee will be reimbursed therefor at the same rate per mile as established for non-represented City employees. 14.2 Employees who are assigned to temporary work at such distance from their regular headquarters that it is impractical for them to return thereto each day, or to their regular place of abode, will be allowed actual personal expenses for board and lodging for the duration of such assignment, provided they board and lodge at places to be designated by the City. The time spent by such employees in traveling to such temporary job at its begin- ning, to and from home on holidays and weekends, and from such temporary job at its conclusion and any reasonable expense incurred thereby will be paid by the City. 14.3 Whenever an employee is required to work four (4) hours or more overtime immediately preceding or following a regular eight (8) hour shift, _e employee shall be entitled to receive a seven dollar ($7.00) meal allow- ance. ARTICLE 15 Sick Leave 15.1 Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of forty-six thousandths ( .046) of an hour for each regular hour worked, or on paid leave. (Accrual rate approximately one (1) day per month. ) 15.2 Sick leave shall be allowed for a non-work-related absence due to: (a) the inability of an employee to be present or perform the employee's duties because of personal illness, off-duty injury, or confinement for medi- - cal treatment; (b) personal medical or dental appointments, which are imprac- tical to schedule outside of regular working hours; (c) the need to be present during childbirth, surgery, critical illness or injury involving members of the immediate family as defined in 16.1, for up to one regularly scheduled work day per incident. 15.3 Management may require satisfactory evidence of sickness or - disability before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically fit and able to perform the duties of the employee's former position without hazard to the employee, or to fellow employees, or the employee's own permanent health. Such examination or examinations shall be at the sole expense of the City. 15.4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, the • 13 . III Ilk employee shall receive pay for the holiday as such, and it shall not be count- ed as a day of sick leave. 15.5 Any employee who after ten (10) years of service to the City terminates employment shall be paid at the employee's regular payrate for thirty-three and one-third percent (33 1/3%) of the employee's accumulated sick leave hours, reduced by the amount of bonus vacation hours the employee has previously received pursuant to section 18.2. For employees with fifteen ( 15) years or more but less than twenty (20) years of service, the percentage set forth above shall be increased for forty-five percent (45%) . For employ- ees with twenty (20) years or more service, the percentage set forth above shall be increased to sixty percent (60%) . An employee may, however, at the employee's option, elect to waive the foregoing benefit and in lieu thereof, receive credit for said unused sick leave toward the employee's retirement benefit through the Public Employees' Retirement System pursuant to the con- tract between the City of Redding and the Public Employees' Retirement Sys- tem. 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. "Inunediate 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 funer- al of a person other than an immediate family member shall receive compensa- tion at the regular rate of pay for the time necessary to he absent from work, but not to exceed one (1) regularly scheduled work day per funeral. A maximum of three (3) working days per calendar year may be utilized for this type of leave. ARTICLE 17 Holidays 17. 1 Regular and probationary employees, except as otherwise provid- ed herein, shall be entitled to have the following holidays off with pay: (a) January 1st (b) February 12th, known as "Lincoln Day" (c) The third Monday in February (d) The last Monday in May (e) July 4th (f) First Monday in September (g) Employee's birthday (h) The second Monday in October, known as "Columbus Day" (i) November 11th, known as Veterans Day" (j) Thanksgiving (k) Friday after Thanksgiving (1) The last four (4) work hours before Christmas 14 , 410 III (m) December 25th If any of the foregoing holidays falls on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday other than on an overtime basis. Employees who are regularly scheduled to work on Sundays shall observe such holidays on Sunday. If any of the foregoing holidays falls on a Saturday, the preceding friday shall be observed as the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an overtime basis. :=:ployees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays tall on any day from Monday through Friday, inclusive, and that day is a regularly scheduled non- wurkday for an employee, such employee shall be entitled to receive another workday off with pay, to be scheduled in the same manner as vacation days are normally scheduled. Notwithstanding the foregoing with ten (10) days notice employee may observe the employee's birthday holiday on the employee's birthday. If an employee fails to give ten (10) 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 holi- day pay, be compensated therefor at the overtime rate of pay for all time worked on such days. An employee may, however, at the employee's option, elect to observe that holiday at another time, to be scheduled in the same manner as vacation days are normally scheduled, in which event, any such employee will only be compensated for time worked on that day at the overtime rate of pay and shall not receive holiday pay for such day. ARTICLE 18 Vacations 18.1(a) Regular and probationary employees of the City shall accrue vacations with pay as follows: 18.1(b) At the rate of thirty-nine thousandths ( .039) of an hour for each regular hour worked, or on paid leave, from the one hundred fourth ( 104th) full pay period of employment. (Accrual rate approximately two (2) weeks per year up to four (4) years of service. ) 18.1(c) At the rate of fifty-eight thousandths ( .058) of an hour for each regular hour worked, or on paid leave, from the one hundred fourth ( 104th) full pay period through the two hundred thirty-fourth (234th) full pay period of employment. (Accrual rate approximately three (3) weeks per year after four (4) years of service. ) 18.1(d) At the rate of sixty-eight thousandths ( .068) of an hour for each regular hour worked, or on paid leave, from the two hundred thirty- fourth (234th) full pay period through the three hundred sixty-fourth (364th) full pay period of employment. (Accrual rate approximately three and one- half (3-1/2) weeks per year after nine (9) years of service. ) 18.1(e) At the rate of severity-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) 15 111 . •' full pay period of employment. (Accrual rate approximately four (4) weeks per year after fourteen (14) years of service. ) 18. 1(f) At the rate of eighty-seven thousandths ( .087) of an hour for each regular hour worked, or on paid leave, from the four hundred ninety- fourth (494th) full pay period through the six hundred twenty-fourth (624th) full pay period of employment. (Accrual rate approximately four and one-half (4-1/2) weeks per year after nineteen ( 19) years of service. ) 18. 1(g) At the rate of ninety-six thousandths ( .096) of an hour for each regular hour worked, or on paid leave, from and after the six hundred twenty-fourth (624th) full pay period of employment. (Accrual rate approxi- mately five (5) weeks per year after twenty-four (24) years of service. ) 18.1(h) A full pay period as used in this Article is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours. 18.1(i.) Effective January 1, 199i , the maximum vacation time which can be accrued by a regular employee is five hundred (500) hours. 18. 1(j) Effective January 1, 1990, for one time only, vacation hours accumulated in excess of five hundred (500) hours will be retained in a sepa- rate time bank to be used by the employee in the same manner as regular vaca- tion time. Vacation hours retained in the time bank will not be lost upon effective date of the vacation maximum. On January 1, 1991, earned vacation hours in excess of the five hundred (500) hours maximum will not be accumulat- ed. 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. 18. 1(1) In the event of departmental cancellation of a previously sched- uled vacation or of a paid leave of absence due to industrial injury where such employee would exceed the maximum vacation accrual, the accumulation of vacation hours may exceed the five hundred (500) hour maximum. Whenever such excess accruals occur, the employee shall have one (1) 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. 18.2 In eaeh of the first five {” ealendar years; except for the first ealendar year following the employeels employment date; an employee who has used twenty-four f24- hours or less of paid sick leave in the preceding year shall be entitled to eight f83 hours of bonus vacation in addition to any vaeation allowance the employee is entitled to as set forth in Seetion 18717 In the tenth fl8thj ealendar year following an employeels employment date and in eaeh fifth f5thj calendar year thereafter an employee who has used one hundred twenty hours or less of sick leave during the five f5 pre- ceding calendar years shall be entitled for forty f4A3 hours of bonus vaea- tion in addition to the vacation allowance the employee is entitled to as set forth in Section 1871.- The bonus vacation; as herein provided; vests en the 16 . • •. first day of eaeh year in whieh an employee qualifies for a bonus vaeatien- An employee aequires no right to all or any part of the bonus vaeatien unless sueh employee works in the ealendar year in whieh it is granted.- 18.23 Vacation cannot be accrued while an employee is in a non-pay status. 18,34 Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those cc th 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 calen- dar year prior to all other employees being given consideration in the selec- tion of their first choice vacation period. 18.45 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. 18.56 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 compen- sated for same. 18.67 Employees whose employment with the City is terminat- ed for any reason shall, at the time of termination, receive any unused vaca- tion period previously earned. 18.78 Whenever any employee has accrued one hundred twenty ( 120) hours or more vacation allowance as set forth in 18.1 (a-h), the City will, at the employee' s option, compensate the employee for up to forty (40) hours of accumulated vacation during any fiscal year. Whenever any employee has accrued two hundred forty (240) hours or more vacation allowance as set forth in 18.1 (a-h) , the City will, at the employee' s option, compensate the employee for up to eighty (80) hours of accumulated vacation during any fis- cal year. Payments for unused vacation shall be limited to no more than once each fiscal year. ARTICLE 19 Uniforms 19.1 To the extent uniforms are required, a one-time allowance of $375.00 shall be paid for initial purchase of three (3) sets of uniforms, as shown in 19.3, and will not be subject to proration. An allowance of $15.00 shall be included with the employee's regular bi-weekly wages for maintenance and replacement of uniforms. The uniform allewanee of $358708 per year is normally paid in duly of eaeh year and is for the purpose of maintenanee and replaeement of uniforms for the ensuing year.- The allewanee is not a reimbursement for the prier year.- The first elothing allewanee shall be a prorated amount for that period of time from the employeeis date of employ- ment to the following duly l- 11 • •' 19.2 Voluntary resignation in the first thirty (30) days of employ- ment shall result in one hundred percent (100%) repayment of the one-time uniform purchase allowance. Voluntary resignation after thirty (30) days, but less than six (6) months, shall result in fifty percent (50%) repayment of the one-time uniform purchase allowance. Voluntary resignation after six (6) months, but less than one (1) year or completion of probation, whichever is sooner, shall result in twenty-five percent (25%) repayment of the one- time uniform purchase allowance. Failure to complete probation or termina- tion by the City prior to continuous service of one (Ti) year voids the pay- back provision. 19.3 The initial uniform allowance is for three (3) uniforms sets, as follows: APPROXIMATE ITEM QUANTITY VALUE Uniform Jacket 3 $ 190.00 Uniform Blouse/Shirt 3 75.00 Uniform Slacks/Skirt 3 105.00 Uniform patches sewn on 3 5.00 $375.00 ARTICLE 20 Miscellaneous 20. 1 A regular or probationary employee who is suii;:noned for jury duty and is thus unable to perform the employee's regular duties will be paid for the time lost at the employee's regular rate of pay. Except for jury duty service outside of Shasta County, the employee will deposit all jury duty funds with the City Treasurer. 20.2 Any employee, at the employee's request, shall be permitted to review the employee's own personnel file. The file xray 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 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 repre- sentative present. The employee will have thirty (30) days in which to file a written response. 20.4 Attached hereto and made a part hereof is Exhibit "B" entitled "Substance Abuse Policy." 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 Sys- 1.8 • • tem. The major features are: two percent (2%) at age sixty (60) , normal retirement age sixty (60), one (1) years compensation in benefit formula, 1959 Survivors Benefits, Post-Retirement Survivors allowance, credit for unused sick leave and military service credit. The City pays the employees' full cost of participation in the Public Employees' Retirement System. 21.2(a) Group Insurance: All regular employees and all probation- ary employees are eligible to participate in the group insurance benefit program, effective the first day of employment. The City shall pay the full cost of the program for both employee and dependents. The major elements of the group insurance benefit program are: 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% pay- able; 100% thereafter up to one million dollars lifetime limit; professional fees based upon U.C.R. : normal typical exclusions and limitations; 3) Dental Benefits (including orthodontia; with 50% payment up to $2000 $1588 per person per lifetime) ; 4) Long Term Disability. After three (3) months, sixty (60) percent of employee's salary integrated with all other income benefits payable to age 65. For those employees who decline coverage in the City's plan, and elect to be covered by the Association's long term disabil- ity 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 amo_nt of the cost of the City's plan. 5) Vision: Vision Service Plan A for employee and dependents {employee only; minimum available California Vision Serviee Plan): The City may, if practicable, modify the group insurance program set forth above by adding utilization review and by creating preferred provider organ- ization programs which create financial incentives for the employee to use such preferred provider services, but do not reduce any current benefit level nor impose any penalty for the employee who chooses not to use a preferred provider's services. 21.2(b) The City will pay fifty percent (50%) of the group medical insurance premium for each retiree and dependents, if any, presently enrolled and for each retiree in the future who goes directly from active status to retirement and continues the group medical insurance without a break in cover- age. 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 19 i or improve Public Employees' Retirement System benefits during the term of this Memorandum of Understanding. 21 .2(c) The health benefit plan as set forth in number 2 of 21.2(a) above, provides for payment equal to fifty percent (50%) of the cost for the first six (6) visits of outpatient benefits for treatment of mental and ner- vous disorders. The City will reimburse those employees for their cost for the first twelve (12) visits of the benefits set forth above, provided the employee submits the necessary documentation to support the expense, and request for reimbursement to the Personnel Office. ARTICLE 22 Entire Agreement 22. 1 The parties acknowledge that during the negotiations which resulted in this Memorandum of Understanding each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of negotiations, and that the under- standings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the Memorandum of Understanding. Therefore, the City and the Association, for the duration of this Memorandum of Understanding, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain with respect to any subject or matter referred to, or covered in this Memorandum of Under- standing, or with respect to any subject or matter not specifically referred to, even though such subjects or matters may not have been within the knowl- edge or contemplation of either or both of the parties at the time they nego- tiated or signed this Memorandum of Understanding. ARTICLE 23 Term 23.1 This Memorandum of Understanding, having taken effect as of December 6, 1988 shall continue in full force and effect until the first day of January, 1992 1998 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. 23.2 Notwithstanding the foregoing, this agreement will become null and void should the City no longer provide Public Safety Dispatcher servic- es. This includes, but is not limited to, City joining a joint powers agency to provide these services. 23.32 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. 23.43 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. 20 23.54 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 dura- tion of such conflict; the balance of this Memorandum of Understanding, howev- er, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Memorandum of :Thderstanding as of the day and year first above written. ITY OF REDDING REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION s/ R. M. Christofferson s/ Janet Smith Robert M. Christofferson Janet Smith City Manager President s_r Robert P. Blankenship s/ Susan Poole Robert P. Blankenship Susan Poole Chief of Police Vice President sJ James G. Bristow s/ Bill McPoil James G. Bristow Bill McPoil Director of Personnel Services Labor Representative s/ Bette F. Primrose Bette F. Primrose, Director - _olic_e Services Division s/ Marie S. Wert Marie S. Wert, Public Safety Conmunication Supervisor sj Charles R. Reynolds Charles R. Reynolds Director of Labor Relations 21 s • IN WITNESS WHEREOF, the parties have executed these amendments to the Memorandum of Understanding on the day of , 1990, to be effective , 1990. CITY OF REDDING REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION C)1,44--t6S/2/te' Robert M. Christofferson Janq Smith City Manager P. O.ident AOF I. g, Robert P. Blankenship sther. Conway Chief of Police Vice President LA-52-ir James G. Bristow E. Louisa Sparkman Director of Personnel Services Negotiating Committee Member i Jess McKinnie i Bill McPoil Police Captain Labor Representative John Olane Budget Service Officer 22 111 411. EXHIBIT B JOB DEFINITIONS PHBHIE SAFETY DISPATCHER An employee who is engaged in cemmuniea€ions with the publie and ether pn}iee; fire and medical employees in the field; by use of telephones and two-way radio equipment.- Dispatches appropriate empleyees or equipment in response to emergeney and ether calls for service- Maintain daily legs and seams reeerds for all units en duty; performs a wide variety of elerieal duties7 typesletters and police reports; eperates EEETS terminal and ERT;funetions as reeeptienist and performs ether related work as required.- Must be skilled in the use of a multiple switchboard and radie-telephone as well as ether office equipment.- Must be able to type at least 45 words per minute.- With two years previous publie safety dispatehing experience, the typing requirement may be reduced to 39 words per minute.- The employees heekground of training and experienee shall be such as to qualify the employ- ee to perform the duties with skill; efficieney; tact and diplemaey- SENIOR PBBEI9 SAFETY DISPATEHER An employee who is engaged in communications with the publie and other pe- lice; fire and medical employees in the field; by use of telephones, and two- way radio equipment.- Bispatehes appropriate employees or equipment in re- sponse to emergeney and ether calls for service.- Maintains daily legs and status records for all units on duty; performs a wide variety of clerical duties7 types letters and police reports; operates EEETS terminal and ERT; funetions as receptionist and performs other relaid work as required.- Must be skilled in the use of a multiple switehbeard and radio-telephone as well as other e€fiee equipment- Must be able to type at least 45 words per minute and may be required to train ether Public Safety Sispatehers- Except as otherwise provided; employees will- be assigned to train ether employees for up to three fBj consecutive month break from training duties7 Notwithstand- ing the foregoing; however; when ne other qualified trainers are available; employees will be assigned to training duties as needed.- The employeeis background of training and experience shall be such as to qualify the employ- ee to perform the duties with skill; effieieney7 tact and diplemaey- The employee must be fully skilled and qualified in all phases of public safety dispatching and training of ether employees as Public Safety Dispatchers; and must maintain said skills and qualifications in order to retain the classifi- eation- Appointments to the Senior Public Safety Dispatcher classification shall be based upon merit; skill; qualifications; employee evaluations; effi- ciency; tact; and diplomacy as well as other appropriate criteria as estab- lished by the Eity- 23 . III Ilk COMMUNICATIONS SHIFT SUPERVISOR An employee who is a working supervisor in eharge of employees engaged in all types of public safety eemmunieaEions- The employee will be required to perform any and all of the duties of the Senior Public Safety Bispateher- ihe employee shall have the personal gualitieations of leadership and supervi- sory ability; and be familiar with all of the Eityls related rales and regula- tiens- The empieyeels baekgreund et training and experienee shall be sueh as to enable the employee to per€or•m the duties with skill; e€€ieieney; safety; tset; and diplomaey7 24 • • . •. EXHIBIT "A" SCHEDULE OF WAGE RATES REDDING PUBLIC SAFETY DISPATCHERS ASSOCIATION Effective: January 7 , 1990 Step 5 Monthly Hourly Pay Rate - Salary Step Equivalent 1 2 3 Public Safety $9. 63 $10 . 12 c10. 56 $1 , 830 Dispatcher Senior Public $11 . 09 :11 . 64 $2, 018 Safety Dispatcher Communications $12 . 80 $2, 219 Shift Supervisor EXHIBIT B JOB DEFINITIONS PHBE-E SAFETY DISPATCHER An employee who is engaged in eommunieatiens with the publie and ether pollee; fire and medieal employees in the field; by use of telephones and two-way radio equipment.- Bispatehes appropriate em- ployees er equipment in response to emergeney and other calls for service- Maintain daily logs and status reeerds for all units en duty7 performs a wide variety of elerieal duties; typesietters and pollee reports; operates EEEPS terminal and ERT funetiens as reeep- tiontst and performs other related work as required.- Must be skilled in the use of a multiple swltehbeard and radia-telephone as well as ether off tee equipment.- Must be able to type at least 45 words per Minute.- With two years previous public safety dtspetehing experi- enee; the typing requirement may be reduced to 38 words per minute.- The empleyeels baekgreund of training and experienee shall be sueh as to qualify the employee to perform the duties with ski1/7 effieieney; tact and diplemaey- SENIOR PHBbIE SAFETY DISPATCHER An empleyee who is engaged in communications with the publie and other pollee; fire and medieal employees in the field; by use of telephones and two-way radio equipment.- Bispatehes aeprepriate em- rIeyees or equipment in response to emergeney and other calls for serviee- Maintains daily logs and status records fer all units en duty; performs a wide variety of elerieal duties; types letters and pollee reports; operates EEETS terminal and ERT7 funet4ons as reeep- tienist and performs ether relatd work as required.- Must be skilled in the use of a multiple switehbeard and radia-telephone as well as other offiee equipment.- Must be able to type at least 45 words per minute and may be required to train ether Publie Safety Bispatehers- Except as otherwise provided; employees will be assigned to train ether employees for up to three f3j eonseeutive month break from training duties.- Notwithstanding the foregoing; however; when no ether qualified trainers are available; employees will be assigned to training duties as needed.- The employee's baekgreund of training and experienee shall be such as to qualify the employee to perform the duties with skill; effieieney; tact and diplemaey- The employee must be fully skilled and qualified in all phases of publie safety dis- patehing and training of other employees as Publie Safety Bispateh- ers; and must maintain said skills and qualifieatiens in order to retain the elassifieatien- Appointments to the Senior Publie Safety Bispateher elassifieatien shall be based upon merit; skill; qualifiea- tions; employee evaluations; effieteney; tact; and dip'_emaey as well as other appropriate eriteria as established by the Eity7 26 Ill 410. CeMMHNIEATIENS SHIFT SHPERV SeR An empleyee whe is a working supervisor in eharge of employees en- gaged 4n a11 types of pabiie safety eemmaniea€ions- The empleyee will be required to perform any and all ef the duties of the Senior Public Safety Bispa€eher- The employee shrill have the persenal gxali- €ieatiens of leadership and sapervisery abiiily; and be familiar with all of the City's related rules and regnia€ions- The employee's background of training and experienee shall be sueh as to enable the employee to perform the duties with skill; e€€ieieney; safety7 taet7 and diplemaey- 27 • • Exhibit "B" SUBSTANCE ABUSE POLICY CITY OF REDDING POLICE DEPARTMENT January 7, 1990 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 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 those 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 or prescription container with employee' s name thereon within 24 hours of request. 1 • • E. Report substance abuse cases immediately to their supervisors when employees have a reasonable basis to believe that another employee is using illegal substances, drugs, narcotics, or alcohol. F. Abide by State laws 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 , Subsection B, 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 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. 2 • • d. Improper use of any narcotic/drug by an applicant after application will be grounds for permanent rejection. e. The results of drug tests on applicants 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: o Slurred speech o Alcohol on breath o Inability to walk a straight line o Aberrant behavior o Observation of drugs and/or alcohol The above is not an exclusive list, but is used for example only. b. Administrative Investigations: When conducting specialized administrative investigations , supervisors should consider requiring the involved employee to be tested for drug or alcohol, if appropriate. Unless circumstances direct otherwise, collection of samples will be drawn at the Police Department in accordance with procedures outlined in Section VI , B. examples may be: o An accident involving City property o Where there is on-duty injury to the employee or another person o Where deadly force is used, allegations of excessive force, or other critical incidents o Where allegations involve the use, sales, or possession of narcotics or drugs. 3 3 . Specialized Assignments A random drug test and/or physical examination shall be required for all personnel assigned to the following functions: a. Narcotics investigation b. Vice investigation c. Other specialized assignments involving the interdiction or processing of drugs d. Property officer e. K-9 officer B. Testing Process The testing or processing phase shall consist of a two-step procedure: 1 . Initial Step: The initial test shall consist of a urine and blood test ( and/or breath test if alcohol suspected) . A specimen testing positive will be retested from the same sample. An initial positive report should not be considered positive; rather , it should be classified as confirmation pending. 2. Confirmation Step: The confirmation procedure is to test the second sample (either urine or blood) taken in step 1 . As is the case with the first sample, a positive result will be retested from the same sample. It requires two positive results from each sample for the sample to be declared positive. 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 . a. The testing methods selected shall be capable of identifying marijuana, cocaine and every major drug of abuse including heroin, amphetamines, barbiturates, and/or alcohol. 4 • b. 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 the employee ' s personnel file . 3 . All specimens or samples collected will be done by certified medical lab technicians or medical personnel . All testing is to be conducted by a reputable certified laboratory. 4. An employee sent for testing will be placed on administrative-leave-with-pay status until the test results are rendered to the Department . VII . Investigative Procedures A. Sworn Personnel When management/supervisory personnel are conducting substance abuse investigations that involve sworn personnel having peace officer powers, they shall be guided by Department/City policies where appropriate, Government Code Sections 330-0-3311 , and appropriate case law. B. Non-Sworn Personnel Investigations involving non-sworn personnel shall be guided by Department/City policies where appropriate. C . 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. D. 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 . 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. 5 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 collection and processing of specimens shall be documented to establish procedural integrity and the chain of evidence. VIII . Effective Date This Substance Abuse Policy shall be effective January 7, 1990. 6 411 Ilk Exhibit "C" COMMUNICATIONS SHIFT SUPERVISORS PERFORMANCE STANDARDS 1 . Internal Relations A. Conduct yourself and your work in a manner that reflects a positive influence on the personnel you work with and other agency employees. 1 . Maintain a professional and positive demeanor. a. Confront problems directly and positively in an effort to reach a logical conclusions. 2 . Assist others in the work place to promote team work. 3 . Malicious gossip and slanderous comments are prohibited in the work place. 4 . Respect the privacy of others on and off the job. 5 . Understand and follow the chain-of-command. 2 . External Relations A. Do your job in a manner that reinforces good public relations, including, but not limited to: 1. Treat everyone with respect, inperson and by phone. 2 . Exhibit a genuine interest. a. Avoid sarcastic and derogatory remarks. b. Listen carefully and show concern. 3 . Racial, religious, ethnic, sexual slurs, or profanity are prohibited. 4 . Respond to citizen requests in a factual, accurate, prompt, and courteous manner. 5. Immediately confront potentially harmful situa- tions to avoid escalation. 6. Provide assistance to other agencies in a timely manner. 7 . Prioritize telephone calls. 8 . Prioritize dispatch of calls for service. 411 a. Elapsed time from receipt of information to actual dispatch or notification to Sergeant. 0. Emergency - 60 seconds or as soon as practical 1 . Priority 1 - 60 seconds or as soon as practical 2 . Priority 2 - 5 minutes 3 . Priority 3 - 30 minutes B. Conduct yourself in a manner which will avoid complaints or claims against you or the City of Redding. 3 . Work Habits A. Ready for work and at your work station at the beginning of your shift. B. Properly dressed in accordance with written Uniform Policy. C. Meal breaks limited to 30 minutes, unless approved by your supervisor in advance. D. Limit conversations which interfere with your work and the work of others. 1 . Avoid loud background noise and conversation. E. Headset worn when assigned to the police console at all times, no exception. F. Work area left in a neat and clean condition upon termination of your shift. G. On-coming supervisor/shift briefed regarding any problems or work left to be done. H. Abuse of sick leave prohibited. I . Consistent accuracy in interpreting information from R/P and adhering to department policies. 1. 95% consistency expected within evaluation period. 4 . Safety A. Identified safety hazards will addressed and/or corrected immediately. 2 411 411 B. Abuse of equipment/facility is prohibited. 5. Equipment and Facility Management A. Use and maintain equipment and the facility in a manner which assures good working order. B. Immediately investigate suspected or known abuse or loss of equipment. Report such incidents to your supervisor in writing. 1 . To include malfunctions and damage of mechani- cal, electrical, plumbing, and structural equipment. 2 . Take immediate corrective action where appropri- ate. 6 . Special Assignments A. Readily accept additional assignments and projects outside of the scope of normal job responsibil- ities. 7 . Call Taking A. Exhibit calm and professional approach to all callers. 1 . Speak clearly and distinctly. 2. Take control of the call in a courteous and firm manner. B. Answer phone in a timely manner. 1 . Answer 9-1-1 by 1st ring or as soon as practical 2. Answer business by 3rd ring 3 . Answer internal by 3rd ring. C. Obtain accurate and pertinent information. D. Transfer calls to appropriate person/agency. 8 . Dispatching A. Transfer information received to the appropriate field unit, accurately and in a timely manner. 3 • 411, 1 . Good voice inflection and enunciation is re- quired. 2 . Follow established policies and procedures of the department. 3 . Rudeness, disrespect, and sarcasm prohibited. 4 . Know city geography, beat boundaries and unit status. 5. Good working knowledge of computer function and programs. 1. Acceptable level of errors a. Warrant entries ( 0) b. Log entries 1%, or 5 per month c. Report typing 1 per report 6 . Accuracy and speed in decision making process. 7 . Keep supervisor advised of all unusual or important events or circumstances. 9 . Supervisory Skills A. Supervise your employees in a way which fosters healthy working relationships, including, but not limited to; 1 . Adhere to the Mission Statement set for the Redding Police Department. 2 . Positive feedback to those employees who perform satisfactory and outstanding work. 3 . Immediately confront performance discrepancies and not the personality of the employee who is not performing to standard. 4 . Keep subordinates informed and updated on issues and policy changes which affect them. 5. Be aware of employees needs as they relate to the work environment. a. Make every attempt to relieve tension and 4 411 stress. 6 . Administer positive discipline. 7 . Project an image of being easily approachable by all personnel. 8 . Demonstrate mature and emotional stability in personal and professional relations with all staff, associates and community members. 9 . Demonstrate the highest order of fairness, impartiality and consistency in dealing with and working with all division and department person- nel. 10 . Establish written goals and objectives for your shift. 11 . Contribute ideas to improve efficiency techni- cally and a better environment from a human aspect. 12 . Maintain adequate staff to cover your shift. Monitor and make adjustments when necessary. 14 . Maintain and update training manuals as directed on consistent basis. 10 . Training Skills A. Work with assigned trainee in a way which fosters a positive and productive training period. Your responsibilities include, but are not limited to: 1 . Set a good example for the trainee through work habits, attitudes, and compliance with policies and procedures. 2 . Develop personal rapport with your trainee. 3 . Evaluate the trainee formally and informally. This includes presenting the evaluations to the trainee in a positive, constructive manner. Serious problems or deficiencies are to be brought to the supervisor' s attention immediate- ly. 4. Maintain technical skill level so as to set a 5 111 • high standard for the trainee to emulate. 11 . Direction/Constructive Criticism A. Follow directions of supervisors with a receptive attitude. B. Accept constructive criticism from supervisors without allowing it to affect you personally. C. Be self-motivated and disciplined in order to improve and maintain skills. 12 . Performance Control A. Employees will meet the performance standards "as set," or B. In those cases where substandard performance is noted, corrective action initiated to correct the deficiency in the "near future," or C. Failing A and B above, justification must be submitted and approved. D. Support, by compliance, agency and city policies. 1. Support defined: a. Follows policy b. Explains policy c. Avoids disagreement which undermines policy. Disagreements with the policy are aired with the immediate supervisor along with recommendations for improvement. 6 • • PUBLIC SAFETY DISPATCHER PERFORMANCE STANDARDS 1 . Internal Relations A. Conduct yourself and your work in a manner that reflects a positive influence on the personnel you work with and other agency employees . 1 . Maintain a professional and positive demeanor. a. Confront problems directly and positively in an effort to reach a logical conclusions . 2 . Assist others in the work place to promote team work. 3 . Malicious gossip and slanderous comments are prohibited in the work place . 4 . Respect the privacy of others on and off the job. 5 . Understand and follow the chain-of-command. 2 . External Relations A. Do your job in a manner that reinforces good public relations , including, but not limited to: 1 . Treat everyone with respect, in person and by phone . 2 . Exhibit a genuine interest. a. Avoid sarcastic and derogatory remarks . b. Listen carefully and show concern. 3 . Racial , religious , ethnic , sexual slurs , or profanityi are "prohibited. 4 . Respond to citizen requests in a factual , accurate, prompt, and courteous manner. 5 . Immediately confront potentially harmful situa- tions to avoid escalation. 6 . Provide assistance to other agencies in a timely manner. 7 . Prioritize telephone calls . 8 . Prioritize dispatch of calls for service. • . • a. Elapsed time from receipt of information to actual dispatch or notification to Sergeant. 0 . Emergency - 60 seconds or as soon as practical 1 . Priority 1 - 60 seconds or as soon as practical 2 . Priority 2 - 5 minutes 3 . Priority 3 - 30 minutes B. Conduct yourself in a manner which will avoid complaints or claims against you or the City of Redding. 3 . Work Habits A. Ready for work and at your work station at the beginning of your shift. B. Properly dressed in accordance with written Uniform Policy. C. Meal breaks limited to 30 minutes, unless approved by your supervisor in advance . If you use the lunchroom, you are expected to clean up your mess . D . Limit conversations which interfere with your work and the work of others . 1 . Avoid loud background noise and conversation . E . Headset worn when assigned to the police console at all times, no exception . F . Work area left in a neat and clean condition upon termination of your shift. G. On-coming supervisor/shift briefed regarding any problems or work left to be done . H . Abuse of sick leave prohibited. I . Consistent accuracy in interpreting information from R/P and adhering to department policies . 1 . 95% consistency expected within evaluation period. 4 . Safety A. Safety hazards will be reported following 2 • •. established procedure and/or corrected immediately. B. Abuse of equipment/facility is prohibited. 5 . Equipment and Facility Management A. Use and maintain equipment and the facility in a manner which assures good working order. B. Immediately investigate suspected or known abuse or loss of equipment. Report such incidents to your supervisor in writing. 1 . To include malfunctions and damage of mechani- cal , electrical , plumbing, and structural equipment. 2 . Take immediate corrective action where appropri- ate . 6 . Special Assignments A. Readily accept additional assignments and projects outside of the scope of normal job responsibil- ities. 7 . Call Taking A. Exhibit calm and professional approach to all callers . 1 . Speak clearly and distinctly. 2 . Take control of the call in a courteous and firm manner. B. Answer phone in a timely manner . 1 . Answer 9-1-1 by 1st ring or as soon as practical 2 . Answer business by 3rd ring 3 . Answer internal by 3rd ring. C. Obtain accurate and pertinent information. D. Transfer calls to appropriate person/agency. 8 . Dispatching A. Transfer information received to the appropriate field unit, accurately and in a timely manner. 3 • •.. 1 . Good voice inflection and enunciation is re- quired. 2 . Follow established policies and procedures of the department. 3 . Rudeness , disrespect, and sarcasm prohibited. 4 . Know city geography, beat boundaries and unit status . 5 . Good working knowledge of radio consoles and computer functions and programs . 1 . Acceptable level of errors ' a . Warrant entries (0) b. Log entries 1% , or 5 per month c . Report typing 1 per report 6 . Accuracy and speed in decision making process . 7 . Keep supervisor advised of all unusual or important events or circumstances . 9 . Training Skills A. Work with assigned trainee in a way which fosters a positive and productive training period. Your responsibilities include , but are not limited to: 1 . Set a good example for the trainee through work habits , attitudes , and compliance with policies and procedures . 2 . Develop personal rapport with your trainee . 3 . Evaluate the trainee formally and informally. This includes presenting the evaluations to the trainee in a positive, constructive manner . Serious problems or deficiencies are to be brought to the supervisor ' s attention immediate- ly. 4 . Maintain technical skill level so as to set a high standard for the trainee to emulate . 4 III •. 10 . Direction/Constructive Criticism A. Follow directions of supervisors with a receptive attitude. B. Accept constructive criticism from supervisors without allowing it to affect you personally. C . Be self-motivated and disciplined in order to improve and maintain skills . 11 . Action Clause for Minimum Performance Standards If patterns of unsatisfactory performance develop you will be counseled and a plan for correction may be developed by you and your supervisor. If you make the desired changes you will receive a satisfactory rating. If desired changes are not made you will receive an unsatisfactory rating. 5