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HomeMy WebLinkAboutReso. 1987-099 - Approving the provisions of the memorandum of understanding between the city of redding and the police officers association �I � � I � I. I . RESOLUTION NO. 87-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PROVI5IONS OF THE MEMORANDUM OF UNDERSTANDTNG BETWEEN THE CITY OF REDDING AND THE POLICE OFFICERS ASSOCIATION OF REDDING, EFFECTIVE JULY 1 , 1986. WHEREAS, the Peace Off_icers Association of Redding has been formally recognized as the majority representative of an appropriate unit of employees , as set forth in Section 2. 1 of � Article 2 of the attached Memorandum of Understanding; and � WHEREAS, the desia,nated 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. copy of the Memorandum of Understanding is , ' attached hereto as Exhibit "A" and incorporated herein by reference; ' i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that the aforesaid Memorandum of Understanding is hereby approved, effective July 1 , 1986 . 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 7th day of April, 1987 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Ful ton, Gard, Johannessen, & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COIJNCIL MEMBERS: None `�.... � �������--'[-'� i MIKE DAHL, Mayor City of Redding ATTEST: � ������ . ETHEL A, NICHOLS, City Clerk FORM PROVED: / RAN ALL A. HAYS, ity Attorney -2- . • ' � • • � ' � t � MEMORANDUM OF UNDERSTANDING ' between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING ' and ' THE DESIGNATED REPRESENTATIVES � of the PEACE OFFICERS ASSOCIATION OF REDDING � � � EFFECTIVE: _ �ul�r 1� 1974 (Insofar_ as_legally possible? - i , 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 i AMENDED: August 11 , 1983 , to be effective July 3 , 1983 � � AMENDED: Nover.tber 5 , 1984 , to be effective November 4 , 1984 � AMENDED: April 7 , 1987 , to be effective July 1 , 1986 i � � � , °'O i �y i � , I ,� � ,�-� �-� y , � •I - � i , �, I TABLE OF CONTENTS i i ARTICLE � Page 1 Preamble -------------------------------------------- 1 2 Recognition ----------------------------------------- 3 3 Association Security -------------------------------- 4 ' 4 Grievance Procedure 4 ' --------------------------------- 5 Safety ---------------------------------------------- 7 � 6 Disability and Unemployment ------------------------- 7 7 Employee Status ------------------------------------- 8 8 Wages and Classifications --------------------------- 9 9 Hours and Overtime ---------------------------------- 11 10 Seniority ------------------------------------------- 14 � 11 Promotion and Transfer ------------------------------ 14 i I 12 Demotion and Layoff --------------------------------- 14 i 13 Leave of Absence ------------------------------------ 16 �, 14 Expenses -------------------------------------------- 17 15 Sick Leave ------------------------------------------ 17 16 Funeral Leave --------------------------------------- 18 17 Holidays -------------------------------------------- 19 18 Vacations ------------------------------------------- 20 19 Uniforms -------------------------------------------- 22 � � � 20 Miscellaneous --------------------------------------- 23 � 21 Employee Benefit Programs --------------------------- 24 I22 Term ------------------------------------------------ 25 i i , • • I � � I MEMORANDUM OF UNDERSTANDING i THIS MEMORANDUM OF UNDERSTANDING, made and .entered into this ,� 26th day of June, 1974 , by and between the designated representatives of the CITY OF REDDING (a public agency as � defined in � 3501 (c) of Chapter 10 of Division 4 of Title 1 of � the Govern�ent Code of the State of California) , hereinafter ! referred te as the City, and the designated representatives of the Peace Oificers Association of Redding (a recognized employee organization as defined in � 3501 (b) of Chapter 10 of Division 4 ' of Title 1 of the Government Code of the State of California) , � hereinafter referred to as Association; � ' W I T N E S S E T H: WHEREAS, the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time � arise between them, to promote harmony and efficiency to the end that the City, the Pssociation and the general public may benefit therefrom, and to establish fair and equitable wages , hours and working conditions for certain hereinafter designatea employees � of the City; NOP7, TNEREFORE, the parties hereto do agree as follows: , ARTICLE 1 I Preamble � l . l Tr>e parties acknowledge the provisions of Chapter 10 (§§ 3500 , et. seq. ) of Division 4 of Title 1 of the Government Code of the State of California. i 1 . 2 It is the policy of the City and the Association not � to, and neither party will , interfere with, intimidate, restrain, 4 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 Citv and the Association recognize their mutual obli- gation for the continuous rendition and availability of such ; services. II 1 . 4 The duties performed by employees of the City as part � of their em�loyment pertain to and are essential to the operation i ot a mur.icipality and the welfare of the public dependent � thereon. During the term of this Memorandum of Understanding, i employees shall not partially or totally abstain from the perfor- j mance of their duties for the City. The Association shall not I I � -1- I . � � � i I call upon or authorize employees individually or collectively to � engage in such activities and shall make a reasonable effort under the circumstances to dissuade employees from engaging in such activities. Those employees who do individually or � collectively, partially or totally abstain from the performance of their duties for the City shall be subject to disciplinary action up to and including discharge from employment without � recourse. � 1 . 5 City employees shall perform loyal and efficient work I 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 alI times . ', 1 . 6 The City and the Associatzon shall cooperate in i 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 Under- � standing for resolution of disputes between the parties . The Association agrees that it will follow the procedures as set � forth in this Memorandum of Understanding or the barcraining � process req�ired by the Meyers-Milias-Brown Act and will make � every effort to persuade its members to also use the established j procedures , rather than ta use any other method or forum such as ' appeals directly ta the news media or the City Council for ' resolution of problems or disputes arising out of this Memorandum of Understar_ding. � 1 . 7 Notwithstanding anything to the contrary, the Feace Officers Association of Redding recognizes and accepts the right of City of Redding management to �anage the City. This recognitior. includes acceptance of the �act that the management rights listed below are not subject to either grievance procedures or the meeting and conferr�ng in good faith �rocess provided For by the Meyers-Milias-Brown Act. It is agreed b_y the parties to t�is Memorandum that management rights include , by way � of illustration and not by way of limitation, the following: (a) � the full anci exclusive control of the management of the City; ' (b) the supervision of all operations , methods, processes and means of performing any and a1Z work, the control of the property and the composition, assignment, direction and determination of i the size of its working forces; (c) the right to determine the �I 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 emplovees and the right to suspend, discipline and discharge employees and otherwise to maintain an orderly, effective and efficient operation. , Notwithstancing the above, the Association has not waived its -2- I . ' � • � , right to meet and confer on anv subject matter falling within the scope of negotiations under the Meyers-Milias-Brown Act. ' 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 the right to schedule employees and to determine the staffing � plan; however, a specific exception shall apply exclusively to the reversion 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 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 oi Redding for whom the Peace Officers Association of Redding is the establ�shed majority representative. 2 . 2 Official representatives of the Association will be permitted access to City property to confer with City employees i on matters of employer-employee relations , but such ; representatives shall not interfere with work in progress without , agreement of Management. i � 2 . 3 The City will provide the Association adequate bulletin ' board space for the purpose of_ pos_ting _thereon matters relating to official Association business. 2 . 4 The City and the Association will not interfere with, � intimidate, restrain, coerce or discriminate against any employee i because of his membership or non-membership in the Association or i his activity on behalf of the Association. 2. 5 Any employee, at his request, shall be permitted ' representation by an Association representative. The foregoing shall apply to reprimands and disciplinary actions, providing i there is not unreasonable delay in obtaining representation. � 2 . 6 Jnint Association-Manaaement meetinqs 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 improve communications between employees and ; � -3- i • • I ` � all levels of management. The meeting agenda shall be determined � by those in attendance and there shall be no restrictions on the ' subject matter, provided the meetings shall not substitute for � normal grievance procedures or for formal negotiations between � the parties. 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 management personnel � as determined by the Personnel Officer. 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 The City shall deduct from their wages, the regular , membership dues of employees who are members of the Association and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of § 1157 . 3 of the ', Government Code of the State of California. ' 3 . 2 Deductions shall be made from the first and second i payroll periods of each month in approximately equal amounts and � a check for the total deductions shall be submitted to the Peace � Officers Associatior. of Redding within five (5) warking days of the date the elr��s deductions are withheld from the employee ' s check. Deductior.s may include individual insurance and benefit programs . ', 3 . 3 The form of check-off authorization shall be approved ' by both the City and the Associaticn. � ARTICLE 4 Grievance Procedure I � 4. 1 Any grievances which may arise between the Association � or any of its members and tne City, with respect to the interpre- � tation or application of any of the terms of this Memorandum of Understanding and with respect to such matters as the alleged ; discriminatory or arbitrary discharge, demotion or discipline of � an individual employee , shall be determined by the provisions of this article , except that such matters as are included in the definition of impasse as set forth in Resolution No. 4217 are not a grievance. Probationary employees shall not be entitled to ' invoke Article 4 , Grievance Procedure , with regard to matters of discharge, or demotion. This shall not, howe�.�er, prevent a probationary employee from exercising any other rights under this I I � -4- � . � • � Memorandum of Understanding. Every employee designated by the City to hear the grievance of a subordinate shall have the ' authority to settle that grievance. 4 . 2 The initial step in the adjustment of a grlevance 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 , Di�-ision Head or Department Head as applicable, who will answer within ten (10) calendar days . This step shall be started within thirty (30} 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 steg may be taken during the working � hours of the Association President or Vice President. The � foregoing steps may be supplemented by written presentations as � well as the oral discussions required above. The notice of the � time , date and location of all meetings between the grievant' s representatives and management representatives must be in ' writing. 4 . 3 Step �ao: If a grievance is not resolved in the initial step, the second step shall be a discussion between the � Associatior. ' s President or �ice President and the Personnel Officer who shall answer within ter, (10) c�lendar days . This step shall be taken within ten (10� calendar days of the date of the Departr,�ent Head ' s answer in Step One. 4 . 4 Step Three : If a grie�?ance is nct resolved ir the secor.d ster, the third steg shall be the presentation o` the ; grievance , in writir.q , by t�-ie Assoc?atior. President o� Vice i Fresident to the City Manager , who shall cP.SW2r , in wr_ting , within ten ( 10) calerciar days. The third step shall be taken within ten ( 10? calendar days of the date of the answer in Step Two. i 4 . 5 (a) Step Four : If a grievarce 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 days of the ciate of the answer � in Step Three . ; 4 . 5 (b) Ari- ------------- -Begre�--�rei-�-be-a���ted--c3ir-eeel� ee e e 9 s er�-�a�--s--e��rf.�--��--stt�t�r�t�--to--��i�t��et�ser:----�3�e � �rb3�retieIi-$t°le�-=**_`_**�±--�-eeRi�e9eE�-e€-�Trre--���,�'+__,*?�Y'-e��ei2°t�e� . �p-�'�°t��-3�.`y-�'4P°!'�-�}}-g!�'i{t��-�$�3f3p-1�T�C}-��►-t}]C-�9'9flE.'i'Ett.`i�f}iY-c�C'�-@ � t�i�el-xtex�e�-e�e9er�-bp-�nte�e�-e���e�er�t-e�-t�e-E��p-ene�-ti�e-A9�e- eietier�r--�-fi�'r-i�c�-Rtex�b�r-��i�a��--ec�-as-E�ei�mafl-rtrf--��-A�br- ' t�et�er�--$o�e-i�:---kr-t��-��.-�r�--��e-E;tp-�rrFr-�3�-Assee3�t�er. ��e-e���a�e-�r�c�-e��--tl�-s��e���er�-e�--���r-v�-�1�-��b�- � ��etser�-$e��d;-��p-�r�l-�-�e�--�'� ��-��-Ee��€eprria-Ee�eg- ' �i e t i en-6e•r�iee-t�r-rrcxrri-�re��--�r�-��}-�r�-s�s-��-��'rr�tra�r.---��e ; -5- I • � • ; E Y�y-e�d-��e-��-e�t i�xr�r-�r'r��-��r�.rt��y-el�a��n�e-�we-��} , e�--stzc�Yr-nemi�ee9=--t-tre--pa�ty-�rg--tl�e--f-�-s�-e�e��enge-t�cr-be � determined-�y--�o�---�h�-re�neiAing-r►e�ri�ee-�re-Z3�-ac�eptec�-es E�e i r�+aA--a f--�--�-i�r�er�io�--��d--�rr�--�ris--ee�er�set3 er,--eR d Iexper�ses-s�n��-�e-�iex�rr�-e�y-���'��-arr�-tke-Asseeie�ier�.- Ne�v�i t�s t�r�d i n g-t�e-�o��egeri�rg;--t-�r���►-�rc�--�-h s�ae¢st i er�-�+e p; by-�cr�tz�-1--�n�errt,--�gr�e�-�xr-a--s�i�rg�e--arb t tra�ap-t�-�re�a�r-g r i e- � tl Q ri P��7-@i9-t�T�'�tYtR��,"C?3'�-S�TBY?RQ-�9 @ 9 i 9 .---�'�1�-f���-8-I2C�-��-A 5 9 9- eietien-9�n��-pap-t�ie-ee�+pensat�e�-en�-expen9e9-fe�-t�eir-reepee- � ti�e-ep�ein�ees-exd-H�tnessee.---At-t�e-A�seeietien19-reqt�e9t;-t�e � Eitp-sl�e��-re�eese-emp�epees-€re�+-�aty-�e-part�eipete-in-erbi�re- ' �ien-p�eeeedsne��.- ' An arbitrator shall be appointed on each occasion that a � grievance is submitted to arbitration. The City an� the A=sociation shall mutuallX aaree to the arbit=ator. If the City and the Association fail to reach mutual agreement on the i ap ointment of an arbitrator, each side shall submit a ist of i five (5) names to the other Each party shall , at a meeting of Iits representatives , alternately strike a name from the list of ten (10) na�es The first part�� to strike a name shall be determined by lot At the point in time when one (1) name remains , that person shall be the appointed arbitrator. The costs of arbitration shall be borne eauallv bv the City and the i A=sociation The City ano the Assoc�ation sha11 po�� the compensatior and expenses for their respective witnesses . At the ' Association ' s rea,uest, the City shall release employees fror: duty to participaLe in arbitration proceedings. 4 . 5 (c} The A4`�i��fl�2ef'1-'� arbitrator shall hold such , hearings anc sha�i consider sucr evidence as to it the arbit�atcr ( appears necessary and proper . The firs� hearing s?:all be heic i within ninety (90) calendar da�-s of the date of referral to j arbitration. The �te�e���p decision of the Ai��3t�8tieP'i--BC38Z''C� arbitratcr shall be final anc bindinc or.� the City an� the Association an� the aggrieved employee , if any , providec that , sucYi decision does not in any wa�� add to , disregarcl or modify any ' of the provisior.s of this Memarandum of Understanding . , 4 . 6 F�ilure by either party to meet any of the afore- � mentioned time limits as set forth in �E 4 . 2 , 4 . 3 , 4 . 4 , 4 . 5 (a) or � 4 . 5 (c) will result ir. forfeiture by the failing party; except however, that the aforementioned time limits may be extended by I mutual written agreement. Grievances settled by forfeiture shall � not bind either party to an interpretation of this Memorandum of ; Understanding, nor shall such settlemer.ts be cited by either � party as evidence in the settlement of subsequent grievances. 4 . 7 N�twithstanding the aforementicned procedure , any � individual employee shall have the right to present grievances to ' the City and to have such grievances adjusted without the inter- vention of the Association, provided that the adjustment shall � � -6- � , • . I i not be inconsistent with this Memorandum of Understanding, and further provided that the Association ' s President shall be given ' an opportunity to be present at such adjustment. ARTICLE 5 ; Safety 5 . 1 The City Council desires to maintain a safe place of ' employment for City employees and to that end City management � shall make all reasonable provisions necessary for the safety of ', employees in the performance of their work. 5 . 2 Regular meetings will be held on all jobs to plan the job and emphasize safety in its performance. � 5 , 3 Regular safety meetings will be held once every two (2) ; months for the purpose of reviewing accidents and preventing � their recurrence, eliminating hazardous conditions and familiarizing employees with safe work procedures and applicable , State Safety Orders and for training in first aid. The , Association may request no more than six (6) safety meetings in a , calendar vear to discuss unsafe workin conditions. The City � shall accomr?odate such requests . � ARTICLE 6 � Disability an� Unernployment I i 6 . 1 Ar: employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within his ability to perform, with the � consent of the em�loyee ' s physician. _ The duration of any such ; period of temporary wark shall be determined by the City. Such � employee shall be compensated at the then current rate of pay of his regular classification while engaged in such temporary j duties. The City may require an employee requesting to return to i work after an absence caused by disability or illness to submit ! to a medical examination by a physician or physicians approved by � the City for the purpose of determining that such employee is i physically and mentally fit and able to perform the duties of his position without hazard to himself, ta his fellow employees or to � his own permanent health. � 6 . 2 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 j receiving Workers ' Compensation temporary disability compensation as set forth in � 4850 of the Labor Code of the State of � I � I -7- i I . . � � i California for the period of such disability, but not exceeding ' one (1) year. Employees who are not entitled to the benefits as set forth in � 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 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 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 any ; employee is receiving temporary disability compensation shall not � be recognized by such employee for compensation purposes. ! IARTICLE 7 � Employee Status � 7 . 1 E�nployees 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 �-��e�tx�-a���g�-�s-�f�tre�--a�-a n-t�tp-l��e�e--��o--�e 9 ene--��}-pea�-e�-x�e�e-sen3e��tp-��t�-t�e-E�tp-�n-€t���-t��+e-ex�p�ep- i x�ent.- A recrular employee is an employee who has completed the probationarv period set forth in Article 7 . 3 . 7 . 3 A probationary employee is defined as an employee hired � for a full time posi�ion that has been regularly established as � an authorized position and is of indeterminate duration. A � probatior.ary employee shall receive not less than the minimum ' rate for the job and shall be eligible for sick leave pay, ivacation pay, holiday pay, retirement plan participation, _ ___ insurance coverage and items of a similar nature as he becomes � eligible , but shall not be given preferential consideration for promotior. or transfer or be eligible for a leave of absence. � Upon completion of one and . one-half (1�) years of continuous full time service with City (including time spent classified as a � Police Recruit in the Police Academy) or one (1) year of � continuous full time service with City for a lateral entry Police Officer, a probationary employee shall be given the status of a regular employee. Notwithstanding any other provisions of this i Article, an employee' s probationary period shall be extended by i the duration of any unpaid absence of ten (10) or more consecu- � tive workdays. A probationary period may also be extended at the idiscretion of City management for a period not to exceed sir. (6) � months for the purpose of enabling a more extensive review and , evaluation of a probationary employee prior to his attaining � permanent status. A probationarv employee shall be notified in i writing of such an extension not less than ten (10) working days i i _g_ i � , �� i ! � � . prior to the expiration of the probationary period. A regular ' City employee who transfers to the Police De artment as a sworn personnel will begin a new probationary period as outlined in this section. However, for the purposes of seniority within the � Department, time will start at the time of ap ointment. All � other benefits shall be calculated based upon total City time. I 7. 4 A full time temporary employee is defined as an , employee hired for occasional or seasonal work for a period not � to excee� six (6) months. A full time temporary employee shall receive not less than the minimum rate for the job but shall not , be eligible for sick leave pay, holiday pay, vacation pay , insurance coverage, retirer�ent plan participation or items of a ; similar nature , nor shall he accrue seniority or promotion and transfer rights or leave of absence rights. If a full time temporary emplayee is reclassified to probationary status, he ' shall be credited with all continuous service in determining , eligibility for such benefits as may accrue to him in his new status. Upon completion of six (6) months of continuous service with the City, a full time temporary employee shall be given the status of a probationary employee. 7 . 5 Al1 appointments to the classification of Police ' Sergeant will be probationary for one full year. ?f the probationarv period is not successfully completed, the person shall return to the classification from which thev were promoted. ' ARTICLE 8 Wages and Classifications � 8. 1 Employees shall be paid the wage established for their classification. Upon initial appointment to a classification, an employee shall normally be paid _the __lowest wage rate for that , classification. An employee may, however, be paid a wage rate above the Iowest wage rate if circumstances justify it. The effective _ date of promotion to a new classification or higher wage step shall be the first day of the pay period following ' qualification for the promotion. 8, 2 Wages shall be paid at bi-weekly intervals on Fridays i for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a holiday, payment shall be made on the ' preceding workday. 8 . 3 �vhen an employee is temporaril_y assigned to work in a classification higher than his regular classification , he shall i be paid at the rate established for the higher classification, ' with a minimum of four (4) hours and time computed to the next i full hour, except when the work is performed outside of the i -9- � � � � . , � 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 his regular classification, he shall be paid at the wage rate of the classification to which he is teinporarily assigned, which is next higher to his present wage rate , but not more than the top wage rate of the temporary classification. 8 . 4 When an empZoyee is temporarily assigned to work in a ' classification lower than his regular classification , his rate of pay will not be reduced. , 8 . 5 For purposes of wage rate progression in a temporary � classification , the time worked by an emplcyee in other th�n his regular classification shall also be accrued in such ter�porary ' classification. ' 8 . 6 (a) Attached hereto and made a part hereof i9 are , Exhibits "A, " "B, " and "C" entitled "Schedule of 4r'age Rates. " � 8 . 6 (b) ���eetit�e--3ctxe--3&;--�98�;--wese--rates--s�a��--be ir�ereesed-�--�i�e-pe�eext--{�: Effective April 5 , 1987 , wage � rates sha1� be increased by five percent f5$) . Efrective ��nuary l , 1988 , wage rates shall be increased by four percent ' (4�) Effective January l , 1989 , wage rates shall be increased by three percent (3�) . 8 . 6 (c) Notwithstanding the foreqoir.g, wage rates shall not ; be adiustec below the level established on �ul�� 3 , 2983 . � 8 . 7 httached hereto and made a part hereai is Exr,ibit "�D° � entitled "Job Definitions . " I' 8 . 8 Ir_ lieu of a salary increase ta be effective �,:th the pa�� period beginnirg July 7 , 1982 , after Citv Council approval of this Memorandum of Understanciing with the Police 0=ficers Association, the City will pay an amount equal to three point one percent (3. 1$) of the Police Association ' s payroll into a trust account he�d by the City to be usea for the sole purpose of i defraying the costs of any future negotiated employee benefit iimprovements . 8 9 (a) Effective July 1 , 1987 , shift differential shall be � paid as follows: . , Watch Z (Graveyard? 2130 hours-0730 hours $ . 75 per hour � Watch II (Davs) 0700 hours-1700 hours $ . b0 per hour , Watch IIIA (SwinQs) 1400 hours-2400 hours $ . 50 per hour 1600 hours-Q200 hours $ . SO per hour i Watch IIIB (Swings} 1700 hours-0300 hours $ . 75 per hour , 1800 hours-Q400 hours $ . 75 per hour � I � -10- i � � � i • 8 . 9 (b) Effective January 1 , 1988 , incentive pay in the amount of $100 per month shall be paid to those regular employees who have either a POST Advanced Certificate, a Bachelor of Arts � or Science Degree or both. ' 8 . 9 (c) The parties shall conduct a �oint study aimed at ' developing information to be considered bv the parties in the establishment of salaries for January 1 , 1990 , and beyond. The ; study shall be based upon the following: l . Prevailing market of total compensation for police officers in "comparable" California cities ; ; 2. Local market and economy; , 3 . Ability of the City to pa�r; ; 4 . Department work load, to include the number of sworn patrol officers , calls for service; 5 . Recruitment and retention factors. Good faith meetings shall be undertaken immediately with � participation by both City and Assaciation representatives , with the product to be presented to the Citv Council anc the Association members as soon as it i:� available. � 8 . 9 (d) Dates stated regarding the beainning date of compensatian elements are approximate. They will actually begin � - on the beginning day of a pay peri��d closest te the statec date � of beginning. i I ARTICLE 9 � Hours and Overtime 9 . I _Al1 regular employees will receive full time employment i for each work week employed, provided they report for duty and are capable of per`orming their work. This is not to be inter- � preted 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 his regularly ' established headquarters and shall return thereto at the j conclusion of the day ' s work and the time spent in tras•eling between such headquarters and the job site shall be considered as ' time worked. � I � I ; -11- I � � s • , � � � i 9. 3 (a) A work week is defined to consist of seven (7) consecutive calendar days, Sunday through Saturday, and a basic � work week is defined to consist of five (5) consecutive workdays ' of eight (8) hours each, or four (4) cansecutive 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 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 adjustments. As much notice as is ractical will be rovided when makin assi nments based u on � Departmental needs and or administrative adjustments. Any I 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. (1) Selection of a watch and days off, by Specialists, ' shall be conducted in the following manner: j a. K-9 Specialists shall select a watch and days off based on seniority with the Department. No more I than one K-9 Specialist shall be on the same ! watch. i b.----��e�el-���e�enee-�Feekr��e�er�-Speega��9ts-s�e��-9e�eet ; wete�e9-�a�-��'-c��€-be�ed-�-�r'rcrrii-t�r-v�rt�-t�e Bepe���ter�t---�3e��-��*�d��ee-�eei�n3e�ex-6pee�a��st� 9i�e��--be--eqt�a��p--d�st��br��ee�--exter�e�--t�e--ti��ee i- �aete�e9.- � e b. Traffic Specialists shall select a watch and days off from those slots which have been scheduled by j the Department. Selection shall be based on � consecutive seniority as a Traffic Specialist. ; Traffic Specialists shall rotate between Watch II � and Watch IIZ as often as is practical. ; � c. DUI Specialists shall remain on special assigned watches . , e d. Other Specialists shall be assigned as determined � by the needs of the Department. � 9 . 4 Overtime is defined as (a) time worked in excess of ! forty (40) a�ours in a work week, (b) time worked in excess of � I -12- • • �i � 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 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 (s) hour. Time worked as defined in (a) or (c) above as a result of a shift chznge shall not be regarded as overtime for compensation ' purposes. I 9 . 5 C��ertime co�r�pensation shall be paid at a rate equivalent to one and one-half (12) times the regular rate of pay or, at the employee ' s option-ene�-�a�t�-E�tp-epp�ebe�, the emplayee may elect to receive time off with pay at the rate of one and �' one-half (12} hours off for each overtime hour worked. � � Comper.satory time off with pay shall be scheduled in the same ! manner as vacations are normally scheduled. �3�e--����ttz�tt � eer�p�resate��--�i�-e�€--a�,..�r��--�s�- a�--e�tp3opee--at-trrry--ttrne s�a��-be-����te�-�e-e�g�tp--F89}-�et��e.- The maximum compensatory � time off available for any employee at any time shall be limited � to the maximum allowable CTO accumulation pursuant to the federal Fair Labor Standards Act. In the event overtime is worked when i an employee has the maximum accumulation of compensatory time � off, four hundred eighty (480) hours , the employee shall be paid � for the overtime worked as set iorth above. Employees whose jemployment with the City is terminated for any reason shall , at ! the time of termination, receive any unused compensatory time off - pre`�iously earned. � 9 . 6 Eriployees who are recruired ta report for work on their ! non-warkda��s or on holidays they are entitled to have off or i outside of their regular hours on workdays , shall be paid over- , time compensation for the actual time worked, but in n.o event for t less than t%��ee-�3� four (4) hours ' compensation, Only one (1? � claim fer overtime compensation s.ha.11_ be made before Z200 hours ! and onlv or.e ( 1.) claim for overtime compensation shall be made after 1200 hours in those cases where an employee is required to report for court appearances or, any given dav, If an employee , who is called for such work outside of his regular hours on a 'i workday continues to work into his regular hours, he shall be '� paid overti�e compensation only for the actual time worked. If � an employee performs overtime work immediately following the end � of his regu�ar shift, he shall be paid overtime compensation only .� for the actual time worked. �i 9 . 7 Overtime shall be distributed as equally as is practi- � cable amona trose employees who are aualified and available and who volunteer for overtime work ar.d the City shall not require '� employees who have worked overtime to take equivalent time off , during a warkday without pay. .; ; - -13 i I � • I � � 9. 8 �r.p�a p e�s-w�ro--�rr�-n e�-irot.�i�f�ee�-�-�e e s t-f-i-ft�--(-�) I �en�9-�e�ere-t�ie3�-�T-�ie��rn.rr�fi--t��fi�r�$ -kas-been ', eenee��ed;-iri33-p�e�ive-�t.�re--�ir�i�es�-c�otr��t-�tiin�-n�--otz��iriec�-in 6eetieA-��--o�-�l�i�s-e�t�eet:--�-i-�-t��--res�si�ri-i�t�-a�-the e mp�ey e e-�3fl g-sts�o�°,-ee�t-o-�c�cxr�a�.��tr�-B�pa_,►��bp-6 c 9 A-p.-�.- i e�-t�e-dep-��kij�rg-t��eotrr��-l-o-��e�rnri�se-'r€-tke-�nbpe e fl n ; �c9-been-enRee���d.- If the City does not receive notice at least thirty-nine (39) hours before the employee ' s scheduled court time , that a subpoena has been_ cancelled, the court time as outlined in , Section 9 . 6 of this contract shall be paid. I I ARTICLE 10 _ I , Seniority i 10. 1 Seniority is defined as total length of continuous � service with the City. In determining an employee ' s seniority , i the continuity of his service will be deemed to be broken by i termination of employment by reasor. of (1 ? resignation , (2} ! discharge for cause , (3) layoff, (4) failure to return � immediately on the expiration of a leave of absence or acceptance of other fu�l time emplo_ymert while on leave , and (5) absence Iwithout pay , without a leave of absence , in excess of fi��e (5 ) � workdays . Continuity of service will not be broken and seniority � will accrue when an employee is (a) inducted, enlists or is j called to ac�ive duty in the Armed Forces of the Unitea States or � service in t�:�e Merchant Marine or under any Act of Congress which ; provides tha� th2 employee is entitled to reempioyment rights , (b) on �u�y with the Naticnal Guard, (c) abse�t due to � industYial ;njury , or (d) or. le�ve of absence . Seniority , as defined in this section , does not apply to preference for shift � scheduling or vacation scheduling. ' ARTICLE 11 ; Promotion ar.d Transfer ' li . I A1� promotions and trarsfers shall be in accordance with standards and procedures as determined by the City. rl � ARTICLE I2 �I Demotion and Layoff ! 12. 1 When it becomes necessary for the City to lay off regular emp�oyees , 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 � � -14- • • � 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 rior to regular employees � being laid 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 em�loyee with greater ' department =eniority. If the tie is still unresolved, the tie shall be broken by giving greater preference to the em loyee with � greater Citv 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 dis lace ; an employee in a lower aid class in the bar ainin unit provided ' the employee has greater combined seniority than the employee ta � be dzsplaced, 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 wa e rate to the em loyee ' s � previous waqe rate . � 12 . 3 Laid-off employees shall be kept on a reemploymer.t list for a period of two (2) years from the date of Iayoff, and shall I have preferential rehire rights to the class from which the ; employee was laid off in the reverse arder of layoff, Whenever ; it becomes necessary for the City to notify a laid-off-emz�ioyee of a reempioyment opportunity, the City shall do so by use of ' registere� r��ail to the employee ' s last known address as sup�Iied � bv the em�ioyee. Reemployment shall be based u on the laid-off ! employee ` s ability to meet current employment standards. If an � employee does not accept reemployment , the em loyee ' s na�rE shall ', be removeci �zam_th� reemployment list_ and the employee snall no � lan�er have reemployment rights . t 12. 4 Ear�ployees who have elected to demote into a Iower i paying class shall have preferential promotion ri hts tc the class fror� which thev were demoted in the reverse order of , demotion. If an employee does not acce t an offer of romotion � to the class from which the employee was demoted, the em loyee will lose a?1 preferential riqhts to repromotion. � 12 . 5 Sworn departmental manaqement classifications may demote into the barqaining unit provided the above procedures are ' compl�ed wi�h. I /// /// , /// I i i -15- 1 i • • I 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 (1) year, providing satisfactory arrangements can ; be made to perform the employee ' s duties without undue inter- ference 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 suhstantial reason and in such cases � a leave will be qranted. 13. 2 A Ieave of absence will commence on and include the first workday on which the employee is absent and terminates with and includes the workday preceding the day the employee returns to work. 13. 3 Al1 applications for leave of absence shall be made in writing except when the employee is unable to do so. The ! conditions under which an employee will be restored to employment � on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. Upon an emYioyee ' s return to work after a leave of absence , he will be reir.stated to r.is former positian and working conditions, � providing that he is capable of performing the duties of his former pcsition, except tr.at if there has been a reduction of I forces or his position has been eliminated during said leave, he ! will be returned to the position he would be in had 'ne not been ' on a leave cf absence. , I3. 4 An employee ` s status as a regular employee will not be � impaired by such leave of absence and his seniority will accrue. � _ I3. 5 Zf an employee fails to return immediately on the � expiration of his leave of absence or if he accepts other full i time employr��ent whiie on leave, he will thereby forfeit the leave ; of absence and terminate his employment with the City. ', 13. 6 An employee on a ieave af absence as provided herein � shall not accrue vacation or sick leave benefits nor maintain group ir.surance caverage. An employee may, however, at his ! option and expense, maintain his group insurance coverage � providing the tull monthly premium is received in the Finance �, Department of the City on or before the first day of the month for which tne 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 insuranee may be main- � tained for up to three (3) calendar months on the normal i premium-sharing formula, providing the employee pays his share of � the premiun �,n a timely basis. �i -16- f � � � � � ARTICLE 14 ' Expenses 14 . 1 Whenever an employee uses his personal automobile for i the City' s convenience , he will be reimbursed therefor at the same rate per mile as established for non-represented City � employees. � 14 . 2 Employees who ere- -te have a temporary work assignment at such distance €�et�-t�e��-�ee�trl�-r- that � it is impractical for them to return tke�ete-eeel�-e�e�-e�r to their regular place of abode, will be allowed actual personal ex�enses for board and lodging for the duration of such assigrsnent, provided they board and lodge at places te-be-elestgneteel approved by the City. The time spent by such employees in traveling to such temporary ?eb assignment at its beginning, to and from home on holidays and weekends and from such temporary �eb assiQnment , at its conclusion and any reasonable expense incurred thereby will be paid by the City. �I ARTICLE 15 i Sick Leave ; 15 . 1 Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of ferty-six , thousandths ( . 046) of an hour for each regular hour worked or on paid leave. (Accrual rate approximately one (1) day per mor.th. ) ' 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 his duties because of personal Qhysical or mental illr_ess , off duty__injury or confinement for medical treatment; � (b) personal medical or dental appointments which are impractical to schedule outside of regular working hours; and (c) the need to be present during childbirth, surgery, critical ; illness or injury involving members of the immediate fan�Iy as ;� defined in 16 . 1 , for up to forty (40) haurs per incident. No person will be paid both sick Ieave and industrial injury leave � pursuant to Labor Code § 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 9iek- � n�9� illness or disability before payment for sick leave will be i made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical or psychiatric reasons to submit to a an �►eel�ee� examination by a � physician or physicians approved by City for the purpose of � -17- � ; � � � determining that such employee is physically or mentally fit and ' able to perform the duties of his former position without hazard � to himself or to his fellow employees or to his own permanent health. Such examination or examinations shall be at the sole expense of the City, and the employee shall be placed on leave with pay for the purposes of such examination. 15. 4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, he shall receive pay for the holiday as ' such and it shall not be counted as a day of sick leave. 15. 5 Any employee who, after ten (IO) 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. 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 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 ar.d probationary employees who are absent from work due to the death of a member of the employee ' s "immediate I family" shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but r.ot to exceed � forty (40) working hours . "Immediate family" as used herein _ includes only employee ' s spouse, children, grandchildren, brothers , sisters, parents or grandparents of either spouse or other persons who are living in the employee ' s immediate household. � 16 . 2 Regular employees who are absent from work to attend � the funeral of a person other than an immediate family member shall 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. /// � /// i ��� � /// � I -18- � � I i . I . • � , . IARTICLE 17 ' Holidays , �� 17. 1 Regular and probationary employees , except as otherwise � provided herein , shall be entitled to have the following holidays ; off with pay: � (a) January lst � � (b) February 12th, known as "Lincoln Day" � (c) The third Monday- in February (d) The last Monday in May j (e) July 4th I (f) The first Monday in September � (g) Employee ' s birthday i (h) The second Monday in October, known as "Columbus Day" I (i} November llth, known as "Veterans ' Day" � (j ) Thanksgiving I ; * (k} Friday after Thanksgiving � (1} December 25th i *Shall not be a holiday for employees assigned to a ten {10) hour � workdav. � If any of the foregoing holidays fall on a Sunday, the Monday ' following shall be observed as the holiday, except by those � empleyees _ who are regularly scheduled to woric on Sunday other j 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 Satur�ay, the preceding j Friday shall be observed as the holida_y, except by those ' employees who are regularly scheduled to work on Saturday other i than on an overtime basis. Employees who are regularly scheduled � to work on Saturdays shall observe such holidays on Saturday. If � any of the foregoing holidays fall on any day from Monday through � Friday, inclusive, and that day is a regularly scheduled non- workday for an employee , such employee shall be entitled to � receive another workday off with pay to be scheduled in the same ; manner as vacation days are normally scheduled. Notwithstanding i the �oregoing, an employee may observe his birthday holiday on I I }I -19- .I I I � � I � � his 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. i ' 17 . 2 Notwithstanding the foreg�oing, employees may be scheduled to work on holidays , in which event any such employee will, in addition to his holiday pay, be compensated therefor at � the overtime rate of pay for all time worked on such days. An � employee may, however, at his 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 Iemployee 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 I immediately adjacent to the holiday, he shall not receive pay for i the holiday. t ARTICLE 18 : Vacations i I 18 . 1 (a) Regular and probatianary employees of the City shall � accrue vacations with pay as follows: � 18 . 1 (b? At the rate of thirty-nine thousan�ths ( . 039) of an � hour for each regular hour worked or on paid leave from the date of employment through the ane hundred fourth {104th} fuli pay � �eriod of er;ployment. (Accrual rate approximately two (2) weeks per year up to four (4) years of service. ) t 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 (ld4th) full pay period through the two hundred ', thirty-fourth (234th) �ull pay period of employment. (Accrual � rate approximately three (3) weeks per year after four (4) year of service. ) 18 . 1 (d3 At the rate of sixty-eight thausandths ( . 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�) weeks per � year after nine (9) years of service. ) 18 . 1 (e) At the rate of seventy-sever. thousandths ( . Q77) of i an hour for each regular hour worked or on gaid leave from the � three hundred sixty-fourth (364th) full pay period through the i four hundre� ninety-fourth (494th} full pay period of employment. � � � -20- � ii • • II . � j (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�) 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 hund-red twenty-fourth (624th) full pay period of employment. (Accrual rate approximately five (5) weeks per year after twenty-four (24) years of service. ) ! 18. 1 (h) A full pay period as used in this Article is defined as one in which the employee works or is paid for time off for at , least half of the regularly scheduled work hours. � 18. 2 In each of the first five (5) calendar years, except l for the first calendar year following his 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 (lOth) calendar year following an emplovee ' s employment � date and in each fifth (5th) calendar year thereafter, an ' employee who has used one hundred twenty t120? hours or less of � sick leave during the five (5} preceding calendar years shall be � entitled to forty (40) hours of banus vacation in addition to the vacation allowance the employee is entitled to as set forth in � 18. 1 . The bonus vacation as herein provided vests on the first , day of each year in which an employee qualifies for a bonus vacation. An employee acquires no_ right to all or any part of the bonus vacation unless such employee works in the calendar ; year in which it is granted. (Effective January 1 , 1983. ) � 18. 3 Vacation cannot be accrued while an employee is in a ; non-pay status. i � 18. 4 Vacations will be scheduled throughout the calendar year. Employees with 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 vacation by requesting less than a full year ' s allowance to be scheduled on ccnsecutive workdays , his preferential rights shall only apply on one period in that , calendar year prior to all other employees being given � consideration in the selection of their first choice vacation iperiod. Vacation scheduling shall be completed at the same time i I � � -21- � � . • � � � � j as watch signups. No more than two (2) officers on the same ; watch, manpower availability 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 ta be on vacation at the same time. � Management shall ensure that scheduling 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 vacation in Iieu of sick leave or leave of absence on account of i illness. � 18 . 6 If a holiday which an employee is entitled to have off with pay occurs on a workday during the employee' s vacation i period, such employee will be entitled to an additional day of vacation and will be compensated for same. 18 . 7 F�nployees whose employment with the City is terminated ! for any reason shall , at the time of termination, receive any � unused vacation period previously earned. � 18 , 8 Whenever any employee has accrued one hundred twenty (120) hours or more vacation allowar.ce as set forth in 18. 1 (a-h) , the City will , at the employee ' s option , compensate the i employee for up to forty {40) hours of accumulated vacation ' during any fiscal year. Additionally, whenever anv employee has accrued two hundred fortv (240) hours or more of vacation � allowance �s set forth in 18 . 1 (a-h? , the Cit will , at the em�lo ee ' s o tion, com ensate the em lo ee for u to eiQhtv 8C) ; hours of accumulated vacation during any fiscal year. ARTICLE 19 � _ ' Uniforms � 19. 1 The uniform allowance ��v�ie�--i-�-p�e-�e�t-i�y--����--per i peer}-��s-�n��ly 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 uniform � allowance for fiscal 86/87 shall be $500; for fiscal 87 88 , $550; and for fiscal 88 89 , $600. The allowance is not a reimbursement ' for the prior year. The first clothing allowance shall be a prorated amount for that period of time from the employee ' s date of employment to the following July l . In addition to the fore- going, those employees assigned to motorcycle duty w���-��i�� �he-e��€�e�er�ee-�x-eest-�et�aeen-�he-eee�-e€-��gt��e�-per��9;-�tee�ets e�nd--�ot�t-s�--eirc�-��re--spee3e�--pa�r�s,--_��-�-et-s--at�d--hee�� �eqni�eel-���trc��o-pc,�l-�-e�t�tp;-��-tgxte-�o-€-�1��r�*t shall receive payment for uniforms/safetv eauipment based uaon a -22- i � � � • • � i mutuall a reed to standard. The arties shall a ree u n the stan ard no ater t an Ju y 1 , 1987 . I ' 19. 2 The City shall pay the reasonable cost of repair or replacement of unifbrms , glasses , watches or other personal i property up to two hundred dollars (5200. 00) damaged in the course of employment. This provision does not apply to items lost or damaged as 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 . ARTICLE 20 Miscellaneous ; 20 . 1 A regular or probationary employee who is summoned for ; jury duty and is thus unable to perform his regular duties will � be paid for the time lost at his regular rate of pay. ' 20 . 2 Any employee , at his request , shall be permitted to ' review his own personnel file . Trie file may not , however , be removed from the Personnel Office. 20 . 3 An employee who disagrees with the evaluator ' s state- ments or conclusions with respect to the empleyee evaluation ` report shall have the right to review such evaluation report with the City ' s Personnel Officer and , upon request , shall have the right ta h�ve an P_ssociatior. re�resentative present . Government i Code Sectior• 3300 , known as the Fublic Safety Officers Procedural � Bill of Rights , Subsection 3306 , states : "A public safety officer shall have 30 days within which to file a written � response to any adverse comrtent entered in riis personnel file . Such written respor.se shall be attached to, and shall acccmpar.y , ' the adverse comment. " I ! 20 . 4 Employee home addresses and telephone numbers wili not ' be released to anyone other than authorized City personnel � without the permission of the employee. � ; 20 5 Negotiations for Community Service Officers and � Pro erty Clerk to begin on or about April , 1987. I 20 6 The Department shall develop, within two (2) mcr_ths of � � the effective date of this MOU, a critical incident (shooting? � policy that includes provisions that the employee be placed on leave with pay until an official determ�nation is made foilowing �such an incident. i I -23- I . , � � � ARTICLE 21 Employee Benefit Programs I 21 . 1 Retirement Plan: Al1 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 ' Retirenent System. The major features are : two percent (2�) at age fifty ���re--(�� (50) ; normal ret�rement age fifty ���e-���} (50) ; one (1) year ' s compensation in formula; 1959 Survivors Benefits; Post-Retirement 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 set�en percent� ���} of the employee' s normal contribution to the Public Employees ' Retirement System is credited to the mex+be�91 � member ' s contribution account and will be refunded to the member ' upon termination if he withdraws from the retirement system and reguests a refund. �€€eet��►e-d��e--3�;-3�.�-,--�re-�-��y--�r��--arneitd , �t9- ------_- - -�o�-i.��i--tke--�'+�1�-£�eyees1-Re�r�e�te-�t--6�rs�#_�e�e--te g�e*a#ele--�-o�-�-l�e�e€�t-�e����a--o-f--t�nro-pe�eer�t-��-�-3--a�-�-€�€tp � �5A}- 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 i the group insurance benefit program are : I (1) Life Insurance: Twice annual salary for employee , ' $3 , OOQ for employee` s dependents . � i - (2) Health Benefits: 5100 deductible per person per year i 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 Iimit; � professional fees based upon U.C.R. ; normal typical exclusions and limitations. i � (3) Dental Benefits: No deductible and 100� of U.C.R, for prevention; no deductible and 50o up to $1 , 500 per � lifetime per person for orthodontia; $25 deductible and 80$ of U. C. R, up to $1 , 500 per person per year for all i other eligible charges. , (4) Long Term Disability: The City has agreed to pay an � equivalent amount to the Police Association for their � -24- � . • • �, . I � � i long term disability policy as the City would have paid i 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. This plan shall be Plan A available from the California Vision Service. This plan is a $25 � deductible plan which provides for an examination every twelve (12) months , lenses ever twent -four (24) Imonths, and frames every twenty-four 24 months . - 21 . 2 (b) The City will pay fifty percent (50$} of the group , medical insurance premium for each retiree and dependents, if any, presently enrolled and for each retiree in the future who goes directly from active status to retirement and continues the , group medical insurance without a break in coverage. Payments by the City will be discontinued upon the death of the retiree or ' upon termination of group medical insurance coverage. The City , will not contribute payments on behalf of any retiree except as i set forth above. Following the death of a retiree the surviving ' spouse , if any, may contir,ue the insurance at their own expense '� until becoming eligible for participation in any other group '� insurance program. Notwithstanding the foregoing, the City may ' increase its contribution to the retirees ' group insurance premium or improve Public Employees ' Retirement System benefits j during the term of this Memorandum of Understanding. i ; 21 . 2 (c) The health benefit plan as set forth in number 2 of � 21 . 2 (a) abo��e , provides for payment equal to fifty percent (50�) � of the cost for the first s�x--f6} tweZve (12) visits of i outpatient benefits for treatment of inental and nervous disorders. The City will reimburse those employees for their cost for the first s�x-�6} twelve (12) visits of the benefits set ; forth above � �royided the employe_e _ submits the _ necessary documentation to support the expense and request for i reimbursement to the Personnel office. � 21 . 3 A release time bank is hereby established. Association � members may voluntarily donate earned leave time to the time bank � for use by Association officials while conducting Association business. Donated time wzll be deducted from the employee ' s ; earned leave. � ARTICLE 22 I � Term 22 . 1 This Memorandum of Understanding, having taken effect ' as of July l , 19?4 , and having thereafter been amended, shall � -25- I I ' � • ( . remain in full force and effect until the first day of July, I }gg6, 1989. The arties a ree to commence ne otiations for a isuccessor Memorandum of Understanding ninety 90 days prior to the. expiration date above. exd- �_______ ___ -�rem-���ta-y�� � ar��ess-a►���.�er�-�et3ee-v�'-�v� �___= =_---_--- -s���-��-�r�*en-bp i e i��i��-�a�tp-tr��ie-t�`�'�'�s'-�r�'ro-�-�tc>-�e-exprra�i ar�-e�e�c-ebet►e � e�-t��-�xp3-i��rtm--d�-e€-a�p-�e�a� _---- --- --- ,-�xc�t�,--�e�ret�er; i t�c�t-t��-axtenel�ter�t�-9e�eelt��eel-te-be-e€�eet��e-es-Pde�e�e�-4;-�98� e r�d-��e�e�a�€�e�-�-Yrt�-1-�-�rrl-�*-l�ceeax2e-e€�e e t�*a e-�r i��--a�p�°c>v�-���-t�e , Ettp-Eet�xei�-e€-ti��-E�tp.- � ��.-�--W�e�iet�e�--rret'ree--i�-�r-�-o�r--�re�e�--t�e--geae�e� nstt���-e€-��e-e�ie�ges-des��ee�-rxtzst-be-epee�€geel-�r�-�}�e-r�ettee-enel ' t�r�t��-�-s�at�s�ae�e�p-�eotr�.�3trs3�°r--i-����rr--�l���tt�r�-e€-s t�e i� i e3�e�gee;-�.�r�--o-rigi�r�--p�ed�9#ex-�ra3.-i-��i-�-�n--�trl3-€o-rce�-end i �f€eet.- i . 22. 32 This Memorandum of Understanding shall not be amended or supplemented except by agreement of the parties hereto, reduced to writing and duly signed by each. ; 22. �3 Any provision of this Memorandum of Understanding � which may be in conflict with any Federal or State law, � regulation or executive order shall be suspended and inoperative � to the extent of and for the duration of such conflict; the , balance of this N,emorandum of Understanding, however, shall remain in full force and effect. iN WITNESS WHEREOF, the parties have executed these ' Amendments to the N,emorandum of Understanding o� the 7th day of ; April 1987 , e effective July l , 1986 . ( � � (�\ (�, E i � � \ ' _ ROBERT M. CHRIST ERSON G Y G. HUG City Manager President/Ne i tor, Peac City of Redding Officers s�ociat ' edding I � _ / :, �'i `�'� ,` /� 1� � ES G. BRISTOW E ALLEN �Personnel Officer P.O.R.A.C. � City of Redding . , R G. RA 'I Approved as to form: Nec�r�fiator , ; � � � ; � RA DALL A. HAYS DO GLAS . O'HARE ' City Attorney Negotiator City of Red�ing -26- I' � • I � EXHIBIT "A" � SCHEDULE OF WAGE RATES , Effective April 5 , 1987 ; I Step 5 ' Salary Step Monthly � _ Hourly Pay Rate Equivalent � 1 2 3 4 5 Police Recruit $ 9. 19 $1 , 599 ! Police Officer I 10 . 80 $11 . 30 $11 . 83 $12 . 52 $13 . 08 2, 276 I � Police Officer IZ 13. 76 2 , 394 , Police Officer III 14 . 43 2, 511 I Police Court Officer* 15. 15 2 , 636 � Police Investigator* 15. 15 2 , 636 i I Police STOP Officer* 15 . 15 2 , 636 � Police Sergeant 16 . 63 2 , 894 , i ' - — — - - - - - - * Positior.s subject to temporary upgrade or temporary reclassi- fication only, and appointments or assignments may be terminated � at any time . I � ; i ' -27- I I • ` � � I � ' EXHIBIT "B" i SCHEDULE OF WAGE RATES Effective December 27 , 1987 i Step 5 ' Salary Step Monthly I Hourly Fay Rate Equivalent � ' 1 2 3 4 5 � — — — — — � Police Recruit $ 9. 56 $1 , 663 I I Police Officer I 11 . 23 $11 . 75 $12 . 30 $13 . 02 $13 . 60 2 , 366 , Police Officer II 14 . 31 2 , 490 Police Officer III 15 . 01 2 , 612 ; Police Court Officer* 15 . 76 2 , 742 Police Investigator* 15. 76 2, 742 Police STOP Officer* 15. 76 2 , 742 Police Sergeant 17 . 30 3 , 010 �_ * Positions subject to temporary upgrade or temporary reclassi- fication only, and appointments or assignments may be terminated ' at any time. I i i I i -28- i � � � � � • � EXHIBIT "C" � SCHEDULE OF WAGE RATES Effective December 25 , 1988 � � Step 5 Salary Step Monthly � Hourly Pay R�te Equivalent � I 2 3 4 5 � - - - - - � , Police Recruit $ 9. 85 $1 , 714 i Police Officer I 11 . 57 $12. 10 $12, 67 $13 . 41 $I4. 01 2, 438 I Police Officer II 14 . 74 2, 565 i i Police Officer III 15 . 46 2 , 690 � Police Court Officer* 16 . 23 2 , 824 Police Investigator* 16. 23 2, 824 '� Police STOP C?fficer* 16. 23 2 , �24 Police Sergeant 17. 82 3 , 101 * - - - - - - -- - Positions sub 'ect to tem orar u rade or tem orar reclassi- J P Y Pg P Y j fication only , and appointments or assignments may be terminated at any tir�e. � � i i i i -29- i - � • � + I i EXHIBIT "D" � Job Definitions Police Recruit � Under direction, to attend a Peace Officer Standards and i Training (P.O. S.T. ) certified Police recruit academy; upon graduation from the academy will be sworn in as a full-duty , Police Officer; and to do related work as required. Police Officer I , II , III An employee who is engaged in performing all classes of law enforcement work. His duties include, but are not limited to, , traffic law enforcement, regulation enforcement, crime prevention and crime investigation 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 background of training and experience shall be such as to qualify him to perform his ' duties with skill, efficiency, tact and diplomacy. , Requirements: ! Police Officer I , Step l : Minimum standards for emplay- i ment as estabZished by the Commission on Peace Officers Standards and Training. Police Officer I , Step 2 : A minimum of six (6) months ' service in law enforcement. PoZice Officer I , Step 3 : A minimum of one and one-half � (1�) years ' service in law enforcement, a POST Basic � Certificate* and thirty (30) , semester units . i Police Officer I , Step 4 : A minimum of two (2) years , service in law enforcement, a POST Basic Certificate* and an AA degree or sixty (60) � semester units. i Police Officer I , Step 5 : A minimum of three (3) years ' ; service in law enforcement, a POST Basic Certificate* and an i � -30- � i , • T � � AA degree or sixty (60) semester units, and one (1) year in law enforcement with i the Redding Police Department. i Police Officer II , Step 5 : A minimum of four (4) years ' i service in law enforcement, a ; POST Basic Certificate*, an AA � degree or sixty (60) semester � units and two (2) years in law ; enforcement with the Redding � Police Department; or three ; (3) years ' service in law � enforcement, a POST Basic ' Certificate* , a Baccalaureate ' degree or one hundred twenty � (120) semester units and two � (2) years in law enforcement i � with the Redding Police ; Department. i i Police Officer III , Step 5 : A minimum of six (6) years ' service in law enforcement, a POST Intermeditate Certifi- ! cate* , an AA degree or sixty : (60) semester units and three � years in law enforcement with ; the Redding Police Department; i or a minimsm of four (4) � years ' ser`�ice in law enforce- ment, a POST Intermediate Certificate* , a Baccalaureate degree or one hundred twenty � (120) semester units and two i ' _ _ _ _ _ (2) years in law enforcement with the Reciding Police ; Department. � Police Serqeant ' An employee who is engaged in the supervision of employees � who perform all classes of law enforcemer.t work. His duties ' include, but are not limited to, planning work, coordinating field activity and counseling and training af personnel, He i shall have the personal qualifications of leadership and j supervisory ability, knowledge of laws and court procedures and be familiar with the City ' s accounting procedures , policies ar.d ; rules and regulations . i Requirements : In order to be eligible for promotion to j Folice Sergeant, a candidate shall have served as a peace officer i I I -31- � + ; � � � � . � - � in California for at least five (5) years and shall have served in some capacity as a 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 eligible for promotion, such list shall be maintained for a period of one (1) year. � If this addition to the Sergeant Job Definition is � challenged by either federal or state authorities or by any employee or citizen, the Peace Officers Association of Redding j agrees to share all costs of defense in such litigation on the ! basis of share and share alzke with the City of Redding, and to � participate as co-defendants in case of such litigation. i � � , * As established by POST on July l , 1974. � I I I � � , - � , i � � � � � , � -32- I �