HomeMy WebLinkAboutReso. 1989-241 - Approving the provisions of the memorandum of understanding -4 1111 4
RESOLUTION NO. g e'•02`{ I
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, EFFECTIVE JUNE 25 , 1989 .
WHEREAS , the Peace Officers Association of Redding has 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, 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 be effective June 25 ,
1989 .
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
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the City of Redding on the 18th day of July, 1989 , and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Johannessen, & Carter
NOES: COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS : Ful ton
ABSTAIN: COUNCIL MEMBERS : None
>•d ••!/
SCOTT CARTER, Mayor
City of Redding
ATTEST:
& fe,e,e 47;te.zfre4'
ETHEL A. NICHOLS, City Clerk
O' f PROVED
'AILAieCil
RA DALL A. HAYS , Ci _ Attorney
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MEMORANDUM OF UNDERSTANDING
between
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THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING
and
jl THE DESIGNATED REPRESENTATIVES
of the
Ij PEACE OFFICERS ASSOCIATION OF REDDING
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EFFECTIVE: July 1, 1974 ( Insofar as legally possible)
AMENDED: May 29 , 1975, to be effective June 29, 1975
AMENDED: June 20, 1978, to be effective June 25, 1978
AMENDED: August 2, 1982, to be effective July 7 , 1982
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AMENDED: August 11, 1983 , to be effective July 3 , 1983
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AMENDED: November 5, 1984 , to be effective November 4, 1984
AMENDED: April 7, 1987, to be effective July 1, 1986
'I AMENDED: July 18, 1989, to be effective June 25, 1989
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TABLE OF CONTENTS
ARTICLE Page
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1 Preamble 1
2 Recognition 3
3 Association Security 4
I � 4 Grievance Procedure 4
5 Safety 6
6 Disability and Unemployment 7
7 Employee Status 7
8 Wages and Classifications 9
9 Hours and Overtime 11
10 Seniority 14
11 Promotion and Transfer 15
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1'I 12 Demotion and Layoff 15
li 13 Leave of Absence 16
14 Expenses 17
15 Sick Leave 17
16 Funeral Leave 18
.I 17 Holidays 19
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18 Vacations 20
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19 Uniforms 23
20 Miscellaneous 24
�� lu 21 Employee Benefit Programs 25
22 Term 26
11, 23 Entire Agreement 27
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MEMORANDUM OF UNDERSTANDING
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THIS MEMORANDUM OF UNDERSTANDING, made and entered into this
26th day of June, 1974, by and between the designated representa-
tives 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 re-
ferred
to as Association;
WITNESSET H:
iiWHEREAS, the parties hereto desire to facilitate the peaceful
adjustment of differences that may from time to time arise between
thea, to promote harmony and efficiency to the end that the City,
the Association and the general public may benefit therefrom, and to
establish fair and equitable wages, hours and working conditions for
certain hereinafter designated employees of the City;
NOW, THEREFORE, the parties hereto do agree as follows:
ARTICLE 1
Preamble
II 1 . 1 The parties acknowledge the provisions of Chapter 10
(Subsection 3500, et. seq. ) of Division 4 of Title 1 of the Govern-
ment
Code of- the State. of__California.
1 . 2 It is the policy of the City and the Association not to,
and neither party will, interfere with, intimidate, restrain, coerce 1
or discriminate against any employee because of race, creed, sex, ;
color or national origin.
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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 au-
thorize employees individually or collectively to engage in such
activities and shall make a reasonable effort under the circum-
1 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
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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 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 this Memorandum of Under-
standing 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
Officers Association of Redding recognizes and accepts the right of
Ij City of Redding management to manage the City. This -reeegnitieri
irieltides -aeeeptanee -ef -the -faet -that -the -management -rights -listed
belew-are-net-subjeet-te-either-grievanee-preeedures-er-the-meeting
and -eeriferrrig -in -geed -faith -preeess -provided -fer -by -the -Meyers-
Milias-Brewri-Aet- It is agreed by the parties to this Memorandum
that management rights include, by way of illustration and not by
way of limitation, the following: ( a) the full and exclusive
control of the management of the City; (b) the supervision of all
operations, methods, processes and means of performing any and all
work, the control of the property and the composition, assignment,
direction and determination of the size of its working forces; (c)
the right to determine the work to be done by employees; (d) the
right to change or introduce new or improved operations, methods,
means or facilities; and (e) the right to hire, schedule, promote,
demote, transfer, release and lay off employees and the right to
suspend, discipline and discharge employees and otherwise to main-
tain an orderly, effective and efficient operation.---Netwithstandirig i
the -abeve; -the -Asseeiatien -has -net -waived -its -right -te -meet -arid
eenfer-en -any -subjeet -matter -falling-within -the -seepe -ef -riegetia-
y tieris -tinder -the -Meyers-Milias-Brewe -Piet- The parties acknowledge
that the foregoing management rights are subject to any provisions
II of this Memorandum of Understanding which specifically modify or
limit management' s exercise of the foregoing rights, and except as
these rights have been so modified herein, they shall not be subject
to the grievance procedure.
! 1 . 8 The schedule and staffing plan for the Field Operations
Unit provides for a four ( 4) day work week with ten ( 10) hour
working days at regular time. It is recognized that management has
I; the right to schedule employees and to determine the staffing plan;
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however, a specific exception shall apply exclusively to the rever-
sion to a five ( 5) day work week with eight (8) hour working days in
that this reversion shall be subject to the meet-and-confer process
as provided for by the Meyers-Milias-Brown Act and this agreement.
ARTICLE 2
II 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.
ii 2. 2 Official representatives of the Association will be
permitted access to City property to confer with City employees on ,
matters of employer-employee relations, but such representatives
shall not interfere with work in progress without agreement of
II Management.
2 . 3 The City will provide the Association adequate bulletin
kGG,, board space for the purpose of posting thereon matters relating to
official Association business.
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2 . 4 The City and the Association will not interfere with,
il intimidate, restrain, coerce or discriminate against any employee
because of the employee' s membership or non-membership in the
II Association or his activity on behalf of the Association.
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2 . 5 Any employee, at the employee' s request, shall be
I permitted representation by an Association representative on any
grievance or disciplinary matter. In particular, the parties
acknowledge the provisions of California Government Code Section
3300 et. seq. as it exists or may be subsequently amended by the
California Legislature. The-€eregeing-shall-apply-te-reprimands-anal
Ili diseglinary -aebiens; -prevdng -there -is -met -tinfeasenabie -delay -in '
eb .wining-representaben-
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2 . 6 Joint Association-Management meetings shall be held as
often as agreed upon by the Association and Management. The purpose
of these meetings shall be to promote harmony and efficiency and to
ii improve communications between employees and all levels of manage-
ment. The meeting agenda shall be determined by those in attendance
and there shall be no restrictions on the subject matter, provided
Ij the meetings shall not substitute for normal grievance procedures or
il for formal negotiations between the parties. Those in attendance
'! shall consist of the Association' s Negotiating Committee and the
City' s Police Chief, the City' s Personnel Officer and such other
I management personnel as determined by the Personnel Officer. The
meetings shall be summarized in written minutes. Except that the
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provisions of this section shall be observed, the meetings shall be
self-organizing.
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ARTICLE 3
Association Security
3 . 1 The City shall deduct from their wages, the regular
membership dues of the employees who are members of the Association
and who individually and voluntarily authorize such deductions in
gp 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 payroll
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.
3 . 3 The form of check-off authorization shall be approved by
both the City and the Association.
ARTICLE 4
Grievance Procedure
4. 1 -Any grievances which may arise between the Association or i
any of its members and the City, with respect to the interpretation
Iq or application of any of the terms of this Memorandum of Under-
standing and--with respect t&-`such-matters-as the alleged =discrim = - --
natory or arbitrary discharge, demotion or discipline of an indi-
vidual 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 demo-
tion. This shall not, however, prevent a probationary employee 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.
ij 4. 2 The initial stepin the of a
adjustmentgrievance shall be � .
a discussion between the Association' s President or Vice President,
or any other person designated by the grievant, and the immediate
Management Supervisor directly involved, Division Head or Department
Head as applicable, who will answer within ten ( 10) ealendar work
days . This step shall be started within thirty ( 30) calendar work
days of the date of the action complained of or the date the
grievant became aware of the incident which is the basis for the
grievance. This step may be taken during the working hours of the
Association President or Vice President. The foregoing steps may be
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supplemented by written presentations as well as the oral discus-
sions required above. The notice of the time, date and location of
all meetings between the grievant' s representatives and management
ii 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-
i tion' s President or Vice President and the Personnel Officer who
shall answer within ten ( 10) calendar work days. This step shall be
I. taken within ten ( 10) calendar work days of the date of the Depart- 1
ment Head' s 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 President or Vice President to the City
Manager, who shall answer, in writing, within ten ( 10) calendar work
days. The third step shall be taken within ten ( 10) calendar work
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) calendar work days of the date of the answer in
Step Three.
4 . 5(b) An -arbitrates -shall -be -appeinted -en -eaeh -eeeasien
that -a -grievanee -is -submitted -te -arbit1atien7 --The -eity -and -the
Asseeiatien-shail-mutually-agree-te-the-arbitrates---If-the-eltp-and
the-Asseeiatien-fail-te-reaeh-mutuai-agreement-en-the-appeintment-ef
an-arbitrates; -eaeh-sde -shall-submit -a-list -ef -five -f 5+ -names -te ,
:1 the -ethef---Eaeh-party-shall: -at-a-meeting-ef-its -repfesentatives;
alternately -strike -a -name -fhem -the -list -ef -ten -f}8} -navies- --The
f first -party -te -strike -a -name -shall -be_-determined -by-let: -=At -the
pert-in -time-when -ene-f i} -name-remains; -that-persen -shall-be -the
appeinted -athitratef- Within five ( 5) working days of the City' s
receipt of a request by the Association to submit a grievance to
ji arbitration the City will solicit a list of not more than ten ( 10)
arbitrators from the State of California Conciliation and Mediation 1
Service. A copy of such list shall be forwarded to the Associa-
1 tion' s mailing address upon receipt by the City. The parties agree
Ito act expeditiously in the selection of an arbitrator. If the
I � Association and the City fail to reach mutual agreement on the
selection of an arbitrator, each party shall, at a meeting of its
representatives, alternately strike a name from the list of arbi-
trators provided by the SCCMS. The first party to strike a name ,
shall be determined by lot. The costs of arbitration shall be borne
equally by the City and the Association. The City and the Associa-
tion shall pay the compensation and expenses for their respective 1
witnesses. At the Association' s request, the City shall release
employees from duty to participate in arbitration proceedings.
I; 4. 5(c) The arbitrator shall hold such hearings and shall
w I consider such evidence as to the arbitrator appears necessary and
proper. The first hearing shall be held within-ninety-f99+-ealendar
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days-ef-the-date-ef-referral-te-arbltratlex as soon as is practica-
ble for all parties involved. The decision of the arbitrator shall
be final and binding on the City and the 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 Understanding.
4 . 6 Failure by either party to meet any of the aforementioned
time limits as set forth in Subsection 4 . 2, 4. 3 , 4 . 4, 4. 5 ( a) or
4. 5(c) 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
III provided that the Association' s President shall be given an oppor-
+, tunity to be present at such adjustment.
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4 . 8 Whenever the term work day or working day is used in this
"� article, it shall mean any day that City Hall is open to the public.
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ARTICLE 5
Safety
5 . 1 The ` City' Council desires- to -maintain _ a. -safe -place of: -._ i
� ' employment for City employees and to that end City management shall
make all reasonable provisions necessary for the safety of employees
1 �I in the performance of their work.
5. 2 Regular meetings will be held on all jobs to plan the job
11, and emphasize safety in its performance.
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5. 3 Regular safety meetings will be held once every two ( 2)
`'; months for the purpose of reviewing accidents and preventing their '
I recurrence, eliminating hazardous conditions and familiarizing
employees with safe work procedures and applicable State Safety
Orders and for training in first aid. The Association may request
Ii no more than six ( 6) safety meetings in a calendar year to discuss
I' unsafe working conditions. The City shall accommodate such re-
( quests.
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ARTICLE 6
j Disability and Unemployment
Pj 6 . 1 An employee who is absent by reason of industrial dis-
11, 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 the City. Such
employee shall be compensated at the then current rate of pay of the
employee's regular classification while engaged in such temporary
duties. The City may require an employee requesting to return to
work after an absence caused by disability or illness to submit to a
medical examination by a physician or physicians approved by the
Cityfor 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 the employee, to the employee' s fellow
employees or to the employee' s own
Ypermanent health.
6. 2 Vacation and sick leave shall be accrued and group insur-
ance coverage shall be maintained while a regular employee is absent
from work as a result of a job related disability and receiving
Workers ' Compensation temporary disability compensation as set forth
in Section 4850 of the Labor Code of the State of California for the
period of such disability, but not exceeding one ( 1) year. Employ-
ees who are not entitled to the benefits as set forth in Section
GI 4850 of the Labor Code of the State of California, but who are
receiving Workers ' Compensation temporary disability benefits, may,
nevertheless, at their option, maintain their group insurance
I �I! coverage during the period in which they are receiving temporary
disability compensation for up to a maximum of a cumulative total of
five ( 5) years, providing the employee pays his or her share of the I
monthly y 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 any employee is receiving temporary
disability compensation shall not be recognized by such employee for
compensation purposes.
ARTICLE 7 f '
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 completed the
probationary period set forth in Article 7 . 3 .
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 probation-
ary employee shall receive not less than the minimum rate for the
job and shall be eligible for sick leave pay, vacation pay, holiday
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pay, retirement plan participation, insurance coverage and items of
II a similar nature as the employee becomes eligible, but shall not be 1
Ilil given preferential consideration for promotion or transfer or be
�! eligible for a leave of absence. Upon completion of one and
ISI one-half ( 1 1/2) years of continuous full time service with City
�I! (including time spent classified as a Police Recruit in the Police
i Academy) or one ( 1 ) year of continuous full time service with City
I for a lateral entry Police Officer, a probationary 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 six ( 6) months for the purpose of enabling a more extensive
review and evaluation of a probationary employee prior to the
I employee attaining permanent status. A probationary employee shall
be notified in writing of such an extension not less than ten ( 10)
d , working days prior to the expiration of the probationary period. A
II regular City employee who transfers to the Police Department as a
II sworn personnel will begin a new probationary period as outlined in
II this section. However, for the purposes of seniority within the
1 Department, time will start at the time of appointment. All other
benefits shall be calculated based upon total City time.
7. 4 A full time temporary employee is defined as an employee
II hired for occasional or seasonal work for a period not to exceed six
( 6) months. A full time temporary employee shall receive not less
I'. than the minimum rate for the job but shall not be eligible for sick
I leave pay, holiday pay, vacation pay, insurance coverage, retirement
ft plan participation or items of a similar nature, nor shall he accrue
seniority or promotion and transfer rights or leave of absence
II rights. If a full time temporary employee is reclassified to
Iprobationary _ status, _ the - emp- loyee _ =shall .be - credited. with _all _ __
I continuous service in determining eligibility for such benefits as
I may accrue to the employee in his or her new status. Upon
completion of six ( 6) months of continuous service with the City, a
I full time temporary employee shall be given the status of a '
probationary employee.
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7 . 5 All promotional appointments to the classifications of
I! Police Corporal and Police Sergeant will be probationary for one ,�
11 full year. If the probationary period is not successfully complet-
ed, the person shall return to the classification from which they
11 were promoted.- ;provided however that such return rights do not
apply to an employee who was discharged for cause while in a proba-
i tionary status. In such case such employee shall have the right to
appeal the discharge through the grievance procedure (Article 4) .
7 . 6 An employee returning to City service in a position in
I this unit, who had attained at least step four of the salary range
prior to theperiod of separation, maybe fourth,
II P placed at the
! fifth, sixth or seventh step in the salary range at the discretion L
it of the Chief of Police.
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Il ARTICLE 8
LWages and Classifications
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1,, 8 . 1(a) Employees shall be paid the wage established for
their classification. Upon initial appointment to a classification,
J an employee shall normally be paid the lowest wage rate for that
classification. An employee may, however, be paid a wage rate above
the lowest wage rate if circumstances justify it. Step increases
will be granted as follows : After thirteen ( 13 ) full pay periods of
employment at Salary Step 1 and with an overall satisfactory or I
above performance rating, an employee will be advanced to Salary
�I Step 2 . After twenty-six ( 26) full pay periods of employment at .
each subsequent salary step with an overall satisfactory or above
work performance, an employee will be advanced to the next higher
I step. The effective date of promotion to a new classification or
advancement to a higher wage step shall be the first day of the pay
period following qualification for the promotion or advancement to a
higher wage step.
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8. 1(b) Should a Police Officer wish to appeal a denial of a
C step increase, the officer may do so by submitting an appeal ( 1) to '
r the Chief of Police, and if not resolved, ( 2 ) to an advisory com-
1 mittee comprised of two ( 2) representatives designated by the
! Association and one ( 1 ) representative designated by Police manage-
ment. The committee will consider the appeal and make an advisory
' I recommendation to the City Manager whose decision will be final.
Such appeal must be made within thirty ( 30) days of the date of
II; denial of the merit increase.
; 8 . 2 Wages shall bepaid at bi-weekly
intervals on Fridays
Thursdays for a pay period ending no earlier than the preceding -
Saturday. 3f• a=pay---day •f-alls--on--a--h-oli-day 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
I' 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
1! the employee ' s regular classification, the employee shall be paid at
the wage rate of the classification to which the employee is
11 temporarily assigned, which is next higher to the employee' s present
I wage rate, but not more than the top wage rate of the temporary
I! classification.
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I! 8 . 4 When an employee is temporarily assigned to work in a
1 classification lower than the employee' s regular classification, the
rate of pay will not be reduced.
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8 . 5 For purposes of wage rate progression in a temporary ;
classification, the time worked by an employee in other than the
employes' s regular classification shall also be accrued in such
I temporary classification.
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8 . 6(a) Attached hereto and made a part hereof are Exhibits
"A" and "B" and-ueu entitled "Schedule of Wage Rates. "
8 . 6(b) Effective June 25, 1989 April -S -1987, wage rates I
shall be increased by five and thirty-two hundreds percent ( 5. 32%) . 1
Effective June 24, 1990 January -I; -1988, wage rates shall be in- 1
! creased by three percent ( 3%) fete -pereent-¢4%+ plus the percent of
I change in the Bureau of Labor Statistics Consumer Price Index for
1 Urban Wage Earners and Clerical Workers All U.S. Cities, 1967 base,
between the index number for May 1989 and May 1990. Effective
June 23, 1991 January -1; -1989, wage rates shall be increased by . '
three ( 3%) plus the percent of change in the Bureau of Labor
Statistics Consumer Price Index for Urban Wage Earners and Clerical
Workers All U.S. Cities, 1967 base, between the number for May 1990
1 and May 1991. Except, however, wage rates as set forth in this
section shall not be increased by more than eight percent ( 8%) each '
year.
1 8-6¢e+----Netwith.st.anding -the -feregeing; -wage -rates -shall -net
be-adiusted-helew-the-level-estabiished-en-July-37-}9837
8 .7 Attached hereto and made a part hereof is Exhibit "C" uBu
' entitled "Job Definitions. "
878--ln-lieu-ef-a-salary-increase-to-be-effective-with-the-gap
peried-beginning-July-7;-1982; after-city-eeuneil-appreval-ef -this
Memerandum -ef -Understanding -with -the -Peliee -effieers -Asseeiatien;
the-city-will-pap-an-ameunt-equal-te-three-paint-ane-percent-{ 3-1$}
of-the-Peliee-Asseeiatienis-paprell-ixte-a-trust-aeeeunt-held-by-the
city-to-be-used-fir-the-sale-purpese-ef-d.efraying-the-casts-ef-any 1
future-negetiated-empleyee-benefit-imprevements-
II
8. 89(a) Effective July 1, 1987 , shift differential shall be
paid as follows:
Watch I (Graveyard) 2130 hours-0730 hours $ .75 per hour
Watch II (Days) 0700 hours-1700 hours $ . 00 per hour '
Watch IIIA (Swings) 1400 hours-2400 hours $ . 50 per hour
1600 hours-0200 hours $ . 50 per hour
Watch IIIB (Swings) 1700 hours-0300 hours $ .75 per hour
1800 hours-0400 hours $ .75 per hour
1
,
I 8 . 89(b) Effective January -17 -19887 -ineentive -pay -in -the
I ameunt-ef -$180-per -menth -shall-be -paid -te-these -regular -empleyees
I whe-have-either-a-P®ST-Advaneed-eertif ieate;-a-Baeheler-ef-Arts -er
Seienee-Begree-er-eeth7 June 25, 1989, POST and educational incen-
tives
shall be added to the base pay of those regular employees who
, qualify as follows:
-10-
•
II •
2 . 5% - AA or AS degree, or sixty ( 60) semester units, or a POST
Intermediate Certificate.
5 . 0% - BA or BS degree, or one hundred twenty ( 120) semester
units or a POST Advanced Certificate.
II
8794-e-).----The -parties -shall -eenduet -a -feint -study -aimed -at
develeping -infefmatien -te -be -eeasidered -by -the -parties -in -the
establishment -of -salaries salaries -fee -January -I; -19997 -and -beyond:. --The
study-shall-be-based-open-the-fellewing-
17---Prevailing--market--ef---tetal--eempensatien--far---peliee
- effieers-in-ueer parableu-Califernia-eities;
27---Eeeal-market-and-eeenemy;
37---Ability-ef-the-City-te-pay;
47.---Department--work-lead7--te--inelude--the--number--ef-sworn
patrol-effieers7-ealls-fer-serviee;
57Reeruitment-and-retention-faeters7u
Gaul-f aith.-meetings-shall-be-undertaken-immediately-with-partieipa •
-
tion-by-beth-City-and-Asseeiatien-representatives7-with-the-preduet
to-be-presented-te-the-City-Ceuneil-anal-the-Assoeiatien-mflemflbers -as
seen-as-it-is-available.-
8 . 89 (c) fd} Dates stated regarding the beginning date of
Hit compensation elements are approximate They-will-actually begin on
the beginning day of a pay period closest to zhe stated date of
beginning.
ARTICLE 9
I I
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) A work week is defined to consist of seven (7)
consecutive calendar days, Sunday through Saturday, and a basic work
�I! week is defined to consist of five ( 5) consecutive workdays of eight
-11-
II! • . •
•
(8) hours each, or four ( 4) consecutive workdays of ten ( 10) hours
each. The basic work week may begin on any day of the week or at
any hour of the day during the work week.
9. 3 (b) Police Officers assigned to field operations shall 1I
select watch and days off by seniority with the Department, except
as otherwise provided herein. Shift rotation will be scheduled
every four ( 4) months beginning the first day of the pay period
closest to January 1, May 1 and September 1. An officer will not be
permitted to remain on a given shift in excess of twelve (12)
consecutive months. Police Officers may be assigned to days off and
a watch based on Departmental needs and/or administrative adjust-
ments. As much notice as is practical will be provided when making
assignments based upon Departmental needs and/or administrative
adjustments. Any administrative adjustment in assignment made after
completion of a watch sign up shall not give an employee the right
to bump for another watch, a change in days off, or vacation.
j o
( 1) Selection of a watch and days off, by Specialists, shall
be conducted in the following manner:
a. K-9 Specialists shall select a watch and days off
based on seniority with the Department. No more than
one K-9 Specialist shall be on the same watch.
b. Traffic Specialists shall select a watch and days off
from those slots which have been scheduled by the
Department. Selection shall be based on consecutive ;
seniority as a Traffic Specialist. Traffic Special-
ists shall rotate between Watch II and Watch III as
often as is practical.
c. DUI Specialists_ _ shall_ _r.emain on special assigned
watches.
d. Other Specialists shall be assigned as determined by
the needs of the Department. ! j
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 or ten ( 10) hours as applicable on a scheduled workday (the
ten hour workday shall apply only to the part of the work force
li assigned to a four day, ten hour work week) , (c) time worked on a
non-workday, (d) time worked outside of regular hours on a workday,
and (e) time worked on a holiday. Overtime shall be computed to
the nearest one-quarter ( 1/4) hour. Time worked as defined in (a)
or (c) above as a result of a shift change shall not be regarded as � I
overtime for compensation purposes.
it
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 k ,
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•
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
I pursuant to the federal Fair Labor Standards Act. In the event
overtime is worked when an employee has the maximum accumulation of •i ,
compensatory time off, four hundred eighty ( 480) hours, the employee i
shall be paid for the overtime worked as set forth above. Employees
whose employment with the City is terminated for any reason shall,
at the time of termination, receive any unused compensatory time off
previously earned. ,
1
9. 6(a) Except in the circumstances outlined below,
II Eempioyees who are required to report for work on their non-workdays
I or on holidays they are entitled to have off or outside of their
regular hours on workdays, shall be paid overtime compensation for
I the actual time worked, but in no event for less than four ( 4)
hours' compensation. Only one ( 1) claim for overtime compensation i ,
I shall be made before 1200 hours and only one ( 1) claim for overtime
1 compensation shall be made after 1200 hours in those cases where an f !
employee is required to report for court appearances on any given
day. If an employee whe is called for such work eutsde-ef one ( 1)
hour or less before the employee' s regular hours were scheduled to
I begin en-a-workday and continues to work into the employee' s regular
' hours, the employee shall be paid overtime compensation only for the
actual time worked. Conversely, if an employee is called in to work
! more than one ( 1) hour before the employee' s regular work hours were
scheduled to begin, the employee shall receive the minimum overtime
compensation outlined above. Notwithstanding the foregoing, and
subject to manpower availability, an employee who is called for such I
work outside of the employee' s regular work hours on a scheduled -
work day, may upon mutual agreement between the shift supervisor and , ,
employee, begin and end a shift early or late. _ If an employee
performs overtime= work immediately -following the= end of= -the-
i employee' s regular shift, the employee sh,.11 be paid overtime
I; compensation only for the actual time worked.
9. 6(b) Effective June 24, 1990, except in the circumstances
outlined below, employees who are required to report for work on ,
their non-workdays or on holidays they are entitled to have off, or
outside of their regular hours on workdays, shall be paid overtime
compensation for the actual time worked, but in no event for less ,
. than three ( 3) hours ' com ensation. Em to ees who are re
quired to
report for court duty on their non-workdays or on holidays they are j
;� entitled to have off shall be paid overtime compensation for the ,
s; actual time worked, but in no event for less than four ( 4) hours'
compensation. Only one ( 1) claim for overtime compensation shall be � '
made before 1200 hours and only one ( 1) claim for overtime 'II
'I I�
*
ZI This section shall become null and void effective June 24, '�
1990, and shall be deleted. :(
I '
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ii I
410i
compensation shall be made after 1200 hours in those cases where an
employee is required to report for court appearances on any given
day. If an employee is called for such work one ( 1) hour or more
before the employee' s regular hours were scheduled to begin on a
workday and continues to work into the employee' s regular hours, the
employee shall be paid overtime compensation only for the actual
time worked. Conversely, if an employee is called in to work more
than one ( 1) hour before the employee' s regular work hours were
scheduled to begin, the employee shall receive the minimum overtime
compensation outlined above. Notwithstanding the foregoing, and
li subiect to man-power availability, an employee who is called for
such work outside of the employee' s regular work hours on a
scheduled work day, may upon mutual agreement between the shift
supervisor and employee, begin and end a shift early or late. If an
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.
' I 9.7 Overtime shall be distributed as equally as is practicable
among those employees who are qualified and available and who
volunteer for overtime work and the City shall not require employees
who have worked overtime to take equivalent time off during a
workday without pay.
I .
9. 8(a) If the City does not receive notice at least thir-
ty-nine ( 39) hours before the employee ' s scheduled court time that a
,'I i' subpoena has been cancelled, the c9urt time as outlined in Section
,I I
9. 6 of this contract shall be paid.
9 . 8(b) Effective June 24, 1990, if an employee has received
a subpoena for court appearance and the subpoena is subsequently
cancelled, the employee shall receive compensation as outlined in
Section 9. 6 of this contract if :the•-City ..has_ not made notice of -the -
p cancellation available to the employee by 1800 hours the day pre-
ceding the 'court appearance if such appearance is on the employee' s
scheduled work day, or by 1800 hours two days y preceding the court
appearance if such appearance is on the employee' s non-workday or on
a holiday the employee is entitled to have off . ! :
rl j
�� ARTICLE 10
I Seniority
I, j
10. 1 Seniority is defined as total length of continuous service
li with the City. In determining an employee' s seniority, the conti-
nuity of this 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
II
'i This section shall become null and void effective June 24,
j 1990 , and shall be deleted.
-14-
11,
1
it I
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 reemploy-
ment 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.
I ,
ARTICLE 11
Promotion and Transfer
11 . 1 All promotions and transfers shall be in accordance with
standards and procedures as determined by the City.
ARTICLE 12
Demotion and Layoff
12 . 1 When it becomes necessary for the City to lay off regular
employees,p yees, the City will give employees involved as much notice as I
possible, but in no event will such employees receive less than two ' I
( 2) weeks ' notice of layoff. Where probationary or temporary
employees are to be laid off, no notice of layoff need be given.
Within each classification, all employees, other than regular
employees, shall be laid off prior to regular employees being laid
'I
off . Regular employees ''shall-' be-. laid off in the _reverse order _.of
seniority in the classification with the least senior employee being
laid off first. For the purpose of this section, seniority in the
classes of Police Officer I , II and III shall be combined. Whenever
two or more regular employees in the same class have the same amount
of class seniority, ties will be broken by giving greater preference
to the employee with greater department seniority. If the tie is
,i still unresolved, the tie shall be broken by giving greater prefer-
ence to the employee with greater City seniority. If the tie is
still unresolved, the tie shall be broken by lot.
12 . 2 An employee who has been laid off may elect to displace an
employee in a lower paid class in the bargaining unit provided the
employee has greater combined seniority than the employee to be
displaced, calculated by adding seniority in the laid-off class to
seniority in the lower-paid class. Whenever an employee demotes to
a lower-paid class, the employee shall be placed on the salary step
which has the closest wage rate to the employee' s previous wage
rate.
12. 3 Laid-off employees shall be kept on a reemployment list
'! for a period of two ( 2) years from the date of layoff, and shall
-15-
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411III
have preferential rehire rights to the class from which the employee i
was laid off in the reverse order of layoff. Whenever it becomes
+ j necessary for the City to notify a laid-off-employee of a reemploy- I
ment opportunity, the City shall do so by use of registered mail to
the employee' s last known address as supplied by the employee.
Reemployment shall be based upon the laid-off employee' s ability to
meet current employment standards. If an employee does not accept
reemployment, the employee' s name shall be removed from the reem-
i k ployment list and the employee shall no longer have reemployment ,
rights .
I'
' j 12. 4 Employees who have elected to demote into a lower paying , I
Il class shall have preferential promotion rights to the class from
which they were demoted in the reverse order of demotion. If an
employee does not accept an offer of promotion to the class from
which the employee was demoted, the employee will lose all prefer-
ential rights to repromotion.
i'I j t
12 . 5 Sworn departmental management classifications may demote
into the bargaining unit provided the above procedures are complied
I , with.
'' '' ARTICLE 13
II I:
I I'
Leave of Absence r
I 13 . 1 Leave of absence may be granted to regular employees by
jl the City Manager for urgent and substantial reasons, up to a maximum E1
of one ( 1) year, providing satisfactory arrangements can be made to
1 ; perform the employee ' s duties without undue interference with the
N normal routine of work. Inability to return to work after an
# employee' s sick---leave has been:=exhausted will- „be considered as an
,I urgent and substantial reason and in such cases a leave will be
I granted.
h ;I 13 . 2 A leave of absence will commence on and include the first
M workday on which the employee is absent and terminates with and
'i 1 includes the workday preceding the day the employee returns to work.
I
I 13 . 3 All applications for leave of absence shall be made in
; t;l writing except when the employee is unable to do so. The conditions 1
under which an employee will be restored to employment on the ,
r, termination of leave of absence shall be clearly stated by the City '
in conjunction with the granting of a leave of absence. Upon an '
'j employee' s return to work after a leave of absence, the employee
j� will be reinstated to his or her former position and working
�, 1 conditions, providing that the employee is capable of performing the
+ 1 duties of his or her former position, except that if there has been
;j a reduction of forces or his or her position has been eliminated
I I during said leave, the employee will be returned to the position he
', ; or she would be in had he or she not been on a leave of absence.
i, 1
I 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
i
accrue.
,I!
',i -16-
13 . 5 If an employee fails to return immediately on the expira-
j tion 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 his or her 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 his or her option
I and expense, maintain his or her group insurance coverage providing
l the full monthly premium is received in the Finance Department of
I' the City on or before the first day of the month for which the
� j 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 his or her share of the premium on a
timely basis.
, IARTICLE 14
Expenses
14. 1 Whenever an employee uses his or her personal automobile
for the City' s convenience, he will be reimbursed therefor at the
same rate per mile as established for non-represented City
Iii employees.
I 14. 2 Employees who have a temporary work assignment at such '
distance that it is impractical for them to return to their regular
1 gu ar
place of abode, will be allowed actual personal expenses for board
and lodging- for- the- duration- of such assignment, provided they_board, ;
'; Mi, and lodge at places approved by the City. The time spent by such
employees in traveling to such temporary assignment at its begin- 1
„j ning, to and from home on holidays and weekends and from such
', j temporary assignment at its conclusion and any reasonable expense
incurred thereby will be paid by the City.
ARTICLE 15
i
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
t! due to: (a) the inability of an employee to be present or perform
i his or her duties because of personal physical or mental illness,
j off duty injury or confinement for medical treatment; (b) personal
H I medical or dental appointments which are impractical to schedule
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1 1 i
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. No person will be paid both sick leave and
industrial injury leave pursuant to Labor Code Section 4850 on the
same day; however, in cases of claimed industrial injuries where the
City or its insurer is denying liability, accumulated sick leave may
be used.
15 . 3 Management may require satisfactory evidence of illness or
disability before payment for sick leave will be made. The City may f ,
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 his or her former
position without hazard to himself or herself or to his or her
fellow employees or to his own permanent health. Such examination
it ; 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, he shall receive pay for the holiday as such and it
I will not be counted as a day of sick leave.
it
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 1/3%) 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 fifteen ( 15) years or
more but less than twenty ( 20) years of service, the percentage set
forth above shall be increased to forty-five percent ( 45%) . For
employees with twenty ( 20) years or more service, the percentage set
forth above shall be increased to sixty percent ( 60%) . An employee
it may, however, at the employee ' s option, elect to waive the foregoing
Ii 'I benefit and in lieu thereof, receive credit for said unused sick
ii leave toward the employee' s retirement benefit through the Public ' I
Employee' s Retirement System pursuant to the contract between the
City of Redding and the Public Employee' s Retirement System.
ARTICLE 16
I
Funeral Leave
16. 1 Regular and probationary employees who are absent from
'J 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
' I
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li
fl
II
•
employee' s spouse, children, grandchildren, brothers, sisters II
parents or grandparents of either spouse or other persons who are
living in the employee' s immediate household.
16 . 2 Regular employees who are absent from work to attend the
funeral of a person other than an immediate family member shall give
as much advance notice as possible and shall receive compensation at
the regular rate of pay for the time necessary to be absent from
work, but not to exceed one ( 1) regularly scheduled work day per
funeral . A maximum of twenty-four ( 24) hours may be utilized for
Ii
this type of leave in a calendar year.
ARTICLE 17
Holidays
! I
17. 1 Regular and probationary employees, except as otherwise !
provided herein, shall be entitled to have the following holidays
off with pay:
(a) January 1st !
(b) February 12th, known as "Lincoln Day"
(c) The third Monday in February
Ii (d) The last Monday in May
II I (e) July 4th
fi I' ( f) The first Monday in September
(g) Employee ' s birthday -
ji (h) The second Monday in October, knows as "Columbus Day"
( i) November 11th, known as "Veterans' Day"
( j ) Thanksgiving
f� I * (k) Friday after Thanksgiving
* ( 1) December 24th ( four 4 hours) **
ii +1+ (m) December 25th
II
*Shall not be a holiday for employees assigned to a ten ( 10) hour
workday.
**Effective June 24, 1990 .
I I
If any of the foregoing holidays fall on a Sunday, the Monday
?I i following shall be observed as the holiday, except by those employ-
ees 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 regularly
I I
-19-
II �I
111
411
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 sched-
uled. Notwithstanding the foregoing, an employee may observe his or
her birthday holiday on his or her birthday or anytime during the
pay period in which the birthday occurs, or the holiday may be
deferred and scheduled as vacations are normally scheduled.
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 H
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 pay.
17. 3 If an employee is in a non-pay status on both workdays
immediately adjacent to the holiday, he 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
ii 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
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. )
II 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. (Ac-
crual rate approximately three and one-half ( 3 1/2) weeks per year
after nine (9) years of service. )
-20-
t •
18 . 1(e) At the rate of seventy-seven thousandths ( . 077) of an
hour for each regular hour worked or on paid leave from the three
hundred sixty-fourth ( 364th) full pay period through the four
hundred ninety-fourth ( 494th) full pay period of employment.
(Accrual rate approximately four ( 4) weeks per year after fourteen
( 14 ) years of service. )
18 . 1(f) At the rate of eighty-seven thousandths ( . 087 ) of an
hour for each regular hour worked or on paid leave from the four
hundred ninety-fourth ( 494th) full pay period through the six
hundred twenty-fourth ( 624th) full pay period of employment. ,
; (Accrual rate approximately four and one-half ( 4 1/2) weeks per year
il after ( 19) years of service. )
18. 1(g) At the rate of ninety-six thousandths ( . 096) of an
I hour for each regular hour worked or on paid leave from and after j
Ij the six hundred twenty-fourth (624th) full pay period of employment.to
yn.
(Accrual rate approximately five ( 5) weeksper year after twen-
ty-four
( 24) years of service. )
1
I 18. 1(h) Effective July 1, 1990, the maximum vacation time
which can be accrued by a regular employee is five hundred ( 500)
hours.
j
18 . 1 ( 1) Effective July 1, 1989, for one time only, vacation
' hours accumulated in excess of five hundred ( 500) hours will be
; retained in a separate time bank to be used by the employee in the
same manner as regular vacation time. Vacation hours retained in
,j; the time bank will not be lost upon effective date of the vacation
maximum. On July 1, 1990, earned vacation hours in excess of the
1 five hundred ( 500) hours maximum will not be accumulated. Between
July 1, 1989 and July 1, 1990, employees who are at the five hundred
( 500) hour maximum should endeavor _toreduce their vacation _balance
by an amount greater than their annual vacation accrual. For such
j employees, during the above dates, used vacation time and vacation
cash outs will be deducted from the employee's regular vacation
` accrual account.
1l
18 .1( j ) It is City policy that employees take their normal
ai vacation each year at such time or times as may be approved by the
ji Department.
18. 1(k) In the event of departmental cancellation of a
previously scheduled vacation or of a paid leave of absence due to
industrial injury where such employee would exceed the maximum
vacation accrual, the accumulation of vacation hours may exceed the ! .
j 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
H Chief of Police may approve the accumulation of vacation hours in
iii excess of the five hundred ( 500) hour maximum. Whenever such excess
ii accruals occur, the employee shall have one year from the date the
vacation was cancelled or from the date the employee returns to work
k'i from illness or injury to utilize the excess accrual. Any excess
, accrual that remains at the end of such period shall be forfeited.
i
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18. 1(11) 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. 2 In each of the first five ( 5) calendar years, except for
the first calendar year following the employee' s employment date, an
employee who has used twenty-four ( 24) hours or less of paid sick
leave in the preceding year shall be entitled to eight ( 8) hours of '
bonus vacation in addition to any vacation allowance the employee is
entitled to as set forth in Section 18 . 1. In the tenth ( 10th)
calendar year following an employee ' s employment date and in each
1 fifth ( 5th) calendar year thereafter, an employee who has used one
I hundred twenty ( 120) hours or less of sick leave during the five ( 5)
preceding calendar years shall be entitled to forty ( 40) hours of
bonus vacation in addition to the vacation allowance the employee is
entitled to as set forth in Section 18. 1. The bonus vacation as
Hherein provided vests on the first day of each year in which an
employee qualifies for a bonus vacation. An employee acquires no II
right to all or any part of the bonus vacation unless such employee
1 works in the ca4endar year in which it is granted. (Effective
January 1, 1983. )
1
j; 18 . 3 Vacation cannot be accrued while an employee is in a
rnon-pay status.
,1I
18 . 4 Vacations will be scheduled throughout the calendar year.
'i' Employees withI ,
greater seniority as a public safety member will be
given preference over those with less seniority in the selection of
a vacation period; provided, however, that if the senior employee
splits his—or- her- vacation -by requesting less- than a full year' s
1 allowance to be scheduled on consecutive workdays, the employee' s
preferential rights shall only apply on one period in that calendar
year prior to `ail other `en to ees ben
g given Consideration' in -thei
selection of their first choice vacation period. Vacation
1� scheduling shall be completed at the same time as watch signups. No
11, more than two ( 2) officers on the same watch, manpower availability
1 k permitting, shall be on vacation at the same time. Notwithstanding ,�
the foregoing, however, manpower availability permitting, Management
may, at its own discretion, allow more than two officers to be on
`i
M� vacation at the same time. Management shall ensure that scheduling ,
11
and vacation signups are completed at least two ( 2) months before
the scheduled watch changes.
, 18. 5 The City shall not require an employee to take his or her
vacation in lieu of sick leave or leave of absence on account of
1 illness.
This section shall become null and void effective June 24,
1990, and shall be deleted. '
1
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18. 6 If a holiday which an employee is entitled to have off
1 with pay occurs on a workday during the employee' s vacation period,
j such employee will be entitled to an additional day of vacation and i .
will be compensated for same.
1
18.7 Employees whose employment with the City is terminated for
any reason shall, at the time of termination, receive any unused
r vacation period previously earned.
III
18 . 8 Whenever any employee has accrued one hundred twenty ( 120)
' E1i hours or more vacation allowance as set forth in 18.1 (a-h) , the
V City will, at the employee ' s option, compensate the employee for up
il. to forty ( 40) hours of accumulated vacation during any fiscal year. I
j Additionally, whenever any employee has accrued two hundred forty � ,
( 240) hours or more of vacation allowance as set forth in 18. 1 II
(a-h) , the City will, at the employee' s option, compensate the
employee for up to eighty ( 80) hours of accumulated vacation during
j any fiscal year.
1
ARTICLE 19
Uniforms
i
' ` , 19 . 1 The uniform allowance 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. The, r
uniform allowance for the duration of this agreement shall be 1 '
600 . 00 . f}seal -867/8 -shat}-be-$588;-fer-€}seal-877188;-$550; -and-fer
�1; €}sea1-887/89; -$6887 The allowance is not a reimbursement for the
prior year. The first clothing allowance shall be a prorated amount
I , for that period of time from the employee ' s date of employment to ; . .
the following July. 1.__. In_ addition to. the .foregoing those-employees -- I
I
11 assigned to motorcycle duty shall receive payment for uni-
1! forms/safety equipment based upon a mutually agreed to standard.
7/', The -parties -shall -agree -upea -the -standard -na -}ate -than -duly -17
; " }987 .-
I
i
'I 19 . 2 The City shall pay the reasonable cost of repair or
replacement of uniforms, glasses, watches or other personal property
up to two hundred dollars ( $200. 00) damaged in the course of em-
ployment. This provision does not apply to items lost or damaged as
j a result of negligence of the employee.
19. 3 An approved uniform shirt shall be worn at all times.
' Sleeve length shall be at the option of the employee.
1
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1 ARTICLE 20 II
Miscellaneous
20. 1 A regular or probationary employee who is summoned for
jury duty and is thus unable to perform his or her regular duties
will be paid for the time lost at his regular rate of pay.
20 . 2 Any employee, at his or her request, shall be permitted to
review his or her 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
have the right to review
such evaluation report with the City' s
Personnel Officer and, upon request, shall have the right to have an
Association representative present. Government Code Section 3300,
jl known as the Public Safety Officers Procedural Bill of Rights,
I; Subsection 3306, states: "A public safety officer shall have 30
days within which to file a written response to any adverse comment
entered in the employee' s personnel file. Such written response j
shall be attached to, and shall accompany, the adverse comment. " 1
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. II
I 2e-S--Negetiatiens -fey -eemmunity -Servee -a€€ieers -and -Preperty
, Elerk-te-begin-en-er-abeut-Aprii;-19847
I 20-6--The-Department-shali-deveieg;-within-tae-f2Z3-menths-e€-the
1 e€€eetive -date -ef -this -Me137 -a -eiitieal -ineident -f sheeting} -peliey
,I that- neIudes-previsions=that-=the-et plevee--be-glaeed-en-leave -with
pay -until -an -e€€ieial -determ4natien -is -made -fallowing -sueh -an
inedent- 1
20. 5 Notwithstanding Section 23 . 1, this agreement shall be
reopened on October 1, 1989, for the exclusive purpose of meeting
and conferring on the following issues:
1. The method and means of implementing possible changes to
i existing performance standards established by the Chief of
Police.
2 . The implementation of a Drug and Alcohol Abuse Policy.
3 . Formulation of a pre-employment agreement dealing with
reimbursement to the City, at such time as an employee in
this unit leaves Cityemployment p yment prior to completing a
certain number of years of service, for training expenses
previously incurred by the City.
,j 4. Formulation of a light duty arrangement which would permit
Ithe City, with the employee' s prior agreement, to assign
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the employee to appropriate light duty work in a depart-
ent other than the Police Department.
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 fifty ( 50) ; normal retirement age fifty ( 50) ; one ( 1)
year ' s compensation in formula; 1959 Survivors Benefits; Post-Re-
I� tirement Survivors allowance; credit for unused sick leave; fifty
percent ( 50%) ordinary disability benefit; City pays seven percent
(7%) of employee' s cost; and military service credit. The City-paid
percentage of the employee ' s normal contribution to the Public
Employees' Retirement System is credited to the member' s contribu-
tion account and will be refunded to the member upon termination if
he withdraws from the retirement system and requests a refund.
Effective January 1, 1989 , the City shall begin paying nine percent
( 9%) of the employee' s cost of the 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:
ii ( 1) Life Insurance: Twice annual salary for employee, $3 ,000
for employee' s dependent's -
( 2) Health Benefits: $100 deductible per
person per year
Ij except for accidents which shall have none; 80% payable
for first $5, 000 of eligible charges , except for hospital
charges which are 100% payable; 100% thereafter up to one
million dollars lifetime limit; professional fees based
upon U.C.R. ; normal typical exclusions and limitations.
(a) The City may, if practicable, modify the group
insurance program set forth above by adding
utilization review and by creating preferred
provider organization programs which create
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.
( 3) Dental Benefits: No deductible and 100% of U.C.R. for
prevention; no deductible and 50% up to $1,500 per life-
time per person for orthodontia; $25 deductible and 80% of
U.C.R. up to $1, 500 per person per year for all other
eligible charges.
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III
( 4) Long Term Disability. The City has agreed to pay an
equivalent amount to the Police Association for their long
term disability policy as the City would have paid to
bring the Police Association members under the City' s ,
general long term disability program.
(5) Vision Care: Upon the effective date of this MOU, the i
City shall pay for a vision care plan for employees only. �
On January 1, 1990, the City shall, at no cost to the •
it I employee, add vision care coverage fcr dependents. This
plan shall be Plan A available from the California Vision
91i Service. This plan is a $25 deductible plan which pro-
li vides for an examination every twelve ( 12) months, lenses
every twenty-four ( 24) months, and frames every twen-
ity-four ( 24) months.
21 . 2(b) The City will pay fifty percent ( 50°%) of the group
,� medical insurance premium for each retiree and dependents, if any,
iI 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
ii will be discontinued upon the death of the retiree or upon termina-
1
tion of group medical insurance coverage. The City will not con-
tribute
payments on behalf of any retiree except as set forth above.
Following the death of a retiree the surviving spouse, if any, may
r, continue the insurance at their own expense until becoming eligible
participation in any other group insurance program. Notwith-
standing the foregoing, the City may increase its contribution to
the retirees' group insurance premium or improv_ Public Employees'
Retirement . System benefits during the term of this.. Memorandum of
Understanding.
21 . 2(c:) . - -=The -health =benefit _p an- as-__ set__firth in number__2:�0f _.
21. 2( a) above, provides for payment equal to fifty percent ( 50%) of
I ii the cost for the first twelve ( 12) visits of outtatient benefits for
treatment of mental and nervous disorders. The City will reimburse
li those employees for their cost for the first twelve ( 12) visits of
tll the benefits set forth above, provided the employee submits the
necessary documentation to support the expense and request for
reimbursement to the Personnel office.
21 . 3 A release time bank is here 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.
ARTICLE 22
Term
22. 1 This Memorandum of Understanding, having taken effect as
of July 1, 1974, and having thereafter been amended, shalI-remain-in '
I full -feree -and -e€feet -uetii -the -first -day -ef -July; -19897 --The
1
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III! it . .
1! ' p.
partes-agree-te-eommenee-negotiations-ter-a-sueeesser-Memorandum-ef i
Hnderstanding-nnety-f 9A} -daps-prier-te -the-expiration-date -above.: j i
shall continue in full force and effect until the first day of July,
1992, and thereafter from year to year unless written notice of
change or termination shall be given by either party ninety ( 90) 1
days prior to the expiration date above or the expiration date of ,
any year thereafter, except, however, this Memorandum of Under-
' standing shall only become effective with approval of the City
Council of the City_ of Redding.
11
22. 2 This Memorandum of Understanding shall not be amended or
supplemented except by agreement of the parties hereto, reduced to
1 writing and duly signed by each.
11 ; 22. 3 Any provision of this Memorandum of Understanding which
may be in conflict with any Federal or State law, regulation or
jl executive order shall be suspended and inoperative to the extent of
and for the duration of such conflict; the balance of the Memorandum 1
I ' of Understanding, however, shall remain in full force and effect.
1;
11, ARTICLE 23
'p
1I Entire Agreement
I 23 . 1 Except as specifically y provided in Article 22 (Term) ,
i during the term of this Memorandum of Understanding the parties
I expressly waive and relinquish the right to meet and confer on
df Ii wages, hours of employment, and terms and conditions of employment,
and agree that neither party shall be obligated to meet and negoti-
ate with respect to any subject or matter whether referred to or
I1 covered in this Memorandum of Understanding or not, even though such
j subject or matters may not have been within the knowledge or con-
templation of either or both the City or the Association at the time
i they met and negotiated on and executed this Memorandum of Under-
il I standing, and even though such subjects or matters were proposed and 1
later withdrawn. Both
I parties acknowledge that such waiver and
relinquishment as set forth above carries with it the commensurate 1
prohibition for either party to effect a unilateral change in an � I
1 employment condition falling within the scope of negotiations under
1 1 Government Code Section 3500 et. seq.
i
IN WITNESS WHEREOF, the
ii
parties have executed these Amendments
,I li to the Memorandum of Understanding on the 18th day of July 1989, to
� be effective June 25, 1989. ,
1 4010
4,
,I
SAMUEL S. McMURRY DAV ITADY
Assistant City Manager President, Peac/Officers
Association of 1
edding
'I
'1 -27-
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•
• • • •
JAMES G. BRI STOW STEVE `A
Personnel Officer Labor Representative
, R 6974.4„e„..
JESS McKINNIE DOUBLAS "HARE
Captain, Redding Police Dept. Negotiat.
LEN SUNDIN RICHARD NANCE
H Assistant Director of Finance Negotiator
I li
Approved as form:
„e„,"
Ne otiato /
R. WALL A. HAYS / t
•
Cit - Attorney
PAT 'T=.' 4 •
Negotiator
li l
� I
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i I
f ; EXHIBIT "A"
SCHEDULE OF WAGES
Effective June 25, 1989
Step 5
Salary Step Monthly
�,I Hourly Pay Rate Equivalents
1 2 3 4 5 6 7
I' a Police Recruit $10.37
I ;! - Police Officer 12.19 $12.74 13.34 14. 12 14.76 15.52 16.28 2,821 I'
Police Court Officer* 17.09 2,962' ,
Police Investigator* 17 .52 3,037
Police STOP Officer* 17.52 3,037'
h r
Police Sergeant 18.77 3,253'
Investigative Sergeant* 19.24 3,334 "
Administrative Sergeant* 19.24 3,334'
I i
11
*Positions subject to temporary upgrade or temporary reclassification only, and
appointments or assignments may be terminated at any time.
For those assignments of ARMOR, SERT, Certified Instructors, and ID Technicians,
a specialty pay of five percent (5%) over base pay will be paid but shall be
limited to such time as they are performing that specific function.
NOTE: Seven and one-half percent (7-1/2%) increase over base pay for Police
Investigator and Police STOP Officer is included in the salary schedule.
Two and one-half percent (2-1/2%) increase over base pay for Administrative
Sergeant and Investigative Sergeant is included in the salary schedule.
I ,
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EXHIBIT "B"
SCHEDULE OF WAGES
11
Effective January 1, 1990
11,
'I I! Step 5 'r
Salary Step Monthly
Hourly Pay Rate Equivalent!
1 3 4 5 6 7
Police Recruit $10.37
it
Police Officer 12. 19 $12.74 13.34 14.12 14.76 15.52 16.28 2,821 `
I' Police Court Officer* 17.09 2,962
Police Investigator* 17.52 3,037
ji Police STOP Officer* 17.52 3,037
Police Corporal 17.09 2,962
Police Sergeant 18.77 3,253!
Administrative Sergeant* 19.24 3,334'
Investigative Sergeant* 19.24 3,334 '
j � I
*Positions subject to temporary upgrade or temporary reclassification only, and
appointments or assignments may be terminated at any time.
Ij I I
For those assignments of ARMOR, SERT, Certified Instructors, and ID Technicians,
a specialty pay of five percent (5%) over base pay will be paid but shall be
limited to such time as they are performing that specific function.
NOTE: Seven and one-half percent (7-1/2%) increase over base pay for Police
Investigator amd Police STOP Officer is included in the salary schedule.
• Two and one-half percent (2-1/2%) increase over base pay for Administrative
Sergeant and Investigative Sergeant is included in the salary schedule.
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,. •III
,
EXHIBIT "C"
Job Definitions 1
i
Police Recruit i
Under direction, to attend a Peace Officer Standards and Training '
, �! (P.O. S.T. ) certified Police recruit academy; upon graduation from the '
i; academy will be sworn in as a full-duty Police Officer; and to do related !
II, work as required.
Police Officer
An employee who is engaged in performing all classes of law enforce
! ment work. His duties include, but are not limited to, traffic law.; .
.1 enforcement, regulation enforcement, crime prevention and crime investi- ,
I gation from complaint to final solution of cases within his assigned '
area. In keeping with the concept of career development, as an officer ;)
. progresses through the various steps he may be assigned increasingly more .
complex and varied duties in all fields of law enforcement work. His ' 1
1III1 background of training and experience shall be such as to qualify him to 1
1 '!� perform his duties with skill,
.1efficiency, tact and diplomacy.
Corporal j
I
I
;1 Definition:
In the absence of, or at the direction of a supervisor:
. 11; Supervises employees who perform all classes of law enforcement ' 1
I! work. Duties include, but are not limited to , planning work, ,
i. coordinating field activity, counseling, and training of personnel.
'! ;I The employee shall have the personal qualifications of leadership .l
and supervisory ability, knowledge of laws and court procedures, and
be familiar with the City' s accounting procedures,
policies, rules, '
. and regulations.
'I Examples of Duties:
1 . Review and approval of police reports
2 . Supervision of field operations
;i r Measures - Successful and safe operations and quality of unit per-
I III f ormance
.i
3 . Managing sub-units of field operations
i
I Measures - Successful and safe operations and quality of unit per- I
,. f ormance
il
I 4 . Roll call briefing and coordination of Dispatch
II -31-
it II
411
i
Measures - Clear, concise oral communication to officers at roll
call and in the field
5. Background, investigations, citizen inquiries and complaints, and
personnel inspections
Measures - All inquiries , complaints, investigations, and inspec-
tions are completed in a professional manner with respect for the
integrity of fellow officers and the general public.
6 . Performs related duties as required
r ;
I Desirable Qualifications:
Knowledge of:
Laws and court procedures, be familiar with appropriate policies,
rules and regulations of the City of Redding.
Ability to:
II j
Display a strong sense of command, be decisive and innovative;
demonstrate good oral and written communication skills; create and
maintain excellent relationships with Department personnel, and
other City employees.
I'! Education:
ii Candidates shall have met the minimum educational requirements of I '
Police Officer III in the City of Redding.
Experience:
I1
In order to be eligible for promotion to Police Corporal, a candi-
' date shall have served as a peace officer in California for at least
five years and shall have served in some capacity as a sworn peace
officer with the Redding Police Department for at least two years as
of the date of promotion. From the date of announcement of the
final list of those eligible for promotion, such list shall be 1
maintained for a period of one year.
',i Police Sergeant
E( An employee who is engaged in the supervision of employees who Ii
perform all classes of law enforcement work. His duties include, but are
not limited to, planning work, coordinating field activity and counseling
' I and training of personnel. He shall have the personal qualifications of
leadership and supervisory ability, knowledge of laws and court proce-
9 dures and be familiar with the City' s accounting procedures, policies and
rules and regulations.
I� Requirements: In order to be eligible for
Sergeant, a candidate shall have served as a promotion to fornia
g peace officer in California
'I for at least five ( 5) years and shall have served in some capacity as a
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f
sworn peace officer with the Redding Police Department for at least two ;
( 2) years as of the date of promotion. From the date of announcement of
the final list of those for eligible g' promotion, such list shall be main-
tained for a period of one ( 1) year.
1,1
If this addition to the Sergeant Job Definition is challenged by 'I
either federal or state authorities or by any employee or citizen, the
Peace Officers Association of Redding agrees to share all costs of de-
fense in such litigation on the basis of share and share alike with the
City of Redding, and to participate as co-defendants in case of such
litigation.
it
I I
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I �
II �
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it
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C, I
Yli
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