HomeMy WebLinkAboutReso. 1984 - 249 - Approving the provisions of the memorandum of understanding 4 S
RESOLUTION NO. ”C-.2.4/7
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 POLICE OFFICERS ASSOCIA-
TION OF REDDING, EFFECTIVE NOVEMBER 4 , 1984 .
WHEREAS , the Peace Officers Association of Redding has been
formally recognized as the majority representative of an appro-
priate 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 copy of the Memorandum of Understanding is
attached hereto as Exhibit "A" and incorporated herein by refer-
ence; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Redding that the aforesaid Memorandum of Understanding is
hereby approved and shall become effective November 4 , 1984 .
I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 5th day of November , 1984 , and
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was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, & Pugh
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kirkpatrick
ABSTAIN: COUNCIL MEMBERS: None
Ir
62). -Ct
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BARBARA ALLEN-GARD, Vice Mayor
City of Redding
ATTEST:
ETHEL A, NICHOLS, City Clerk
FORM APPROVED:
RANDALLf A. HAYS, City A torney
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MEMORANDUM OF UNDERSTANDING
between
THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING
and
THE DESIGNATED REPRESENTATIVES
of the
PEACE OFFICERS ASSOCIATION OF REDDING
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.
AMENDED: August 11 , 1983 , to be effective July 3 , 1983
AMENDED: November , 1984 , to be effective November 4 ,
1984
411
411
MEMORANDUM OF UNDERSTANDING
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
§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 §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;
WITNESSET H:
WHEREAS , the parties hereto desire to facilitate the peace-
ful adjustment of differences that may. from time to time arise
between them, 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
1. 1 The 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.
1 . 2 It is the policy of the City and the Association not
to, and neither party will , interfere with, intimidate , restrain,
coerce or discriminate against any employee because of race,
creed, sex, color or national origin.
1 . 3 The City is engaged in rendering services to the public
and the City and the Association recognize their mutual obli-
gation 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 there-
on. During the term of this Memorandum of Understanding, employ-
ees shall not partially or totally abstain from the performance
of their duties for the City. The Association shall not call
upon or authorize employees individually or collectively to
engage in such activities and shall make a reasonable effort
under the circumstances to dissuade employees from engaging in
such activities. Those employees who do individually or collec-
tively , partially or totally abstain from the performance of
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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
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 promo-
ting 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 Understanding or the bargaining process required by
the Meyers--Milias-Brown Act and will make every effort to per-
suade 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 City of Redding management to manage the City. This recogni.--
tion includes acceptance of the fact that the management rights
listed below are not subject to either grievance procedures or
the meeting and conferring in good faith process provided for by
the Meyers-Milias-Brown Act. It is agreed by the parties to this
Memorandum that management rights include , by way of illustration
and not by way of limitation, the following: (a) the full and
exclusive control of the management of the City; (b) the
supervision of all operations, methods , processes and means of
performi_ne 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 ght to suspend, discipline and
discharge employees and otherwise to maintain an orderly, effec-
tive and efficient operation.
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-Mili.as-
Brown Act.
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ARTICLE 2
Pecognition
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 Memoran-
dum 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 representa-
tive.
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 representa-
tives shall not interfere with work in progress without agreement
of Management.
2 . 3 The City will provide the Association adequate bulletin
board space for the purpose of posting thereon matters relating
to official Association business.
•
2 . 4 The City and the Association will not interfere with,
intimidate , restrain, coerce or discriminate against any employee
because of his membership or non-membership in the Association or
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
there is not unreasonable delay in obtaining representation.
2 . 6 Joint Association-Management meetings shall be held as
often as agreed upon by the Association and Management. The
purpose of these meetings shall be to promote harmony and effi-
ciency and to improve communications between employees and all
levels of management. The meeting agenda shall be determined by
those in attendance and there shall be no restrictions on the
subject matter, provided the meetings shall not substitute for
normal grievance procedures or for formal negotiations between
the parties . Those in attendance shall consist of the Asso-
ciation ' 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-orga-
nizing.
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ARTICLE
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 §1157y3 of the
Government Code of - the State of California.
3 . 2 Deductions shall be mace from the second payroll period
of each month 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 dues are- withheld. from the
employee ' s check.
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 any of its members and the 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 sot forth in. Resolution No. 4217 are not
a grievance. Probationary employees shall not be entitled tc
invoke Article 4 , Grievance Procedure , with regard to matters of
discharge , or demotion. 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.
4 . 2 The initial step in the adjustment of a grievance shall
be a discussion between the Association ' s President or Vice
President and the immediate Management Supervisor directly
involved , Division Head or Department Head as applicable , who
will answer.-- within ten (10) days . This step shall be started.
• within thirty (30) days of the date of the action complained- of
or the date the grievant became aware of the incident which is
the basis for the grievance. This step may be taken during the
working hours of the Association President or Vice President.
The foregoing steps may be supplemented by written presentations
as well as the oral discussions required above. The notice of
the time , date and location of all meetings between the grie-
vant ' s representatives and management representatives must be in
writing.
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4 . 3 Step Two: If a grievance is not resolved in the
initial step, the second step shall be a discussion between the
Association ' s President or Vice President and the Personnel
Officer who shall answer within ten (10) days. This step shall
be taken within ten (10) days of the date of the Department
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) days. The third step shall be taken within ten
(10) 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) days of the date of the answer in Step
Three.
4. 5 (b) An Arbitration Board shall be appointed on each
occasion that a grievance is submitted to arbitration. The
Arbitration Board shall be composed of one (1) member appointed
• by the City, one (1) member appointed by the Association and a
third member chosen by mutual agreement of the City and the Asso-
ciation. Such third member shall act as Chairman of the Arbi-
tration Board. In the event that the City and the Association
are unable to agree on the selection of a Chairman of the Arbi-
tration Board, they shall request the State of California Conci-
liation Service to nominate five (5) persons for Chairman. The
City and the Association each will alternately challenge two (2)
of such nominees , the party having the first challenge to be
determined by lot. The remaining nominee shall be accepted as
Chairman of the Arbitration Board and his compensation and
expenses shall be borne equally by the City and the Association.
Notwithstanding the foregoing, the City and the Association may,
by mutual consent, agree on a single arbitrator to hear grie-
vances , on the same cost sharing basis. The City and the Asso-
ciation shall pay the compensation and expenses for their respec-
tive appointees and witnesses . At the Association ' s request, the
City shall release employees from duty to participate in arbitra-
tion proceedings .
4_5 (c) The Arbitration Board shall hold such hearings and
shall consider such evidence as to it appears necessary and
proper. The first hearing shall be held within ninety (90) days
of the date of referral to arbitration. The majority decision of
the Arbitration Board shall be final and binding on the City and
the Association and the aggrieved employee , if any, provided that
such decision does riot 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 aforemen-
tioned time limits as set forth in §§4. 2 , 4 . 3 , 4. 4 , 4 . 5 (a) or
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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
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
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 familiari-
zing employees with safe work procedures and applicable State
Safety Orders and for training in first aid.
ARTICLE 6
Disability and Unemployment
6 . 1 An employee who is absent by reason of . industrial
disability may be returned to work by the City and given tempo-
rary light duties within his 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 his
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
City for the purpose of determining that such employee is physi-
cally and mentally fit and able to perform the duties of his
position without hazard to himself, to 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
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is absent from work as a result of a job related disability and
receiving Workers ' Compensation temporary disability compensation
as set forth in §4850 of the Labor Code of the State of . Cali-
fornia 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 .
ARTICLE 7
Employee Status
7 . 1 Employees will be - designated as regular, probationary
or full time temporary depending upon the purpose for which they
are hired and their length of continuous service with the City.
7 . 2 A regular employee is defined as an employee who has
one (1) year or more seniority with the City in full time employ-
ment.
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
probationary employee shall receive not less than the minimum
rate for the job and shall be eligible for sick leave pay,
vacation pay, holiday pay, retirement plan participation, insur-
ance coverage and items of a similar nature 'as he becomes eli-
gible , but shall not be given preferential consideration for
promotion or transfer or be eligible for a leave of absence.
Upon completion of one and one-half (11) 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 contin-
uous 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
Article , an employee ' s probationary period shall be extended by
the duration of any unpaid absence of ten (10) or more consecu- •
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tive work days . 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 his attaining
permanent status . A probationary employee shall be notified in
writing of such an extension not less than ten ( 10) working days
prior to the expiration of the probationary period.
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7. 4 A full time temporary employee is defined as an emplo •
-
yee hired for occasional or seasonal work for a period not to
exceed six (6) months . A full time temporary employee shall
receive not less than the minimum rate for the job but shall not
be eligible for sick leave pay, holiday pay, vacation pay,
insurance coverage , retirement plan participation or items of a
similar nature , nor shall he accrue seniority or promotion and
transfer rights or • leave of absence rights. If a full time
temporary employee 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 All appointments to the classification . of Police
Sergeant will be probationary for one full year.
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 lowest 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
for a pay period ending no earlier than. the preceding Saturday.
If a pay day falls on a holiday, payment shall be made on the
preceding workday.
•
8. 3 When an employee is temporarily assigned to work in a
classification higher than his regular classification, he shall
be paid at the rate established for the higher classification,
with a minimum of four (4) hours and time computed to the next
- full hour, except when the work is performed outside of the
regular work hours and the duration is less than four (4) hours.
When an employee is temporarily assigned to work in a higher
classification which has a wage range overlapping the wage range
of his regular classification, he shall be paid at the wage rate
of the classification to which he is temporarily 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 employee is temporarily assigned to work in a
classification lower than his regular classification, his 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 his
regular classification shall also be accrued in such temporary
classification.
8 . 6 (a) Attached hereto and made a part hereof is Exhibit
"A" entitled "Schedule of Wage Rates" .
8 . 6 (b) Effective June 30 , 1985, wage rates shall be
increased by five percent (5%) . Effeetve-ctrl-y--3--3983 ,--wage
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8. 6 (c) Notwithstanding the foregoing, wage rates shall
not be adjusted below the level established on July 3 , 1983.
8. 7 Attached hereto and made a part hereof is Exhibit "B"
entitled "Job Definitions" .
8. 8 In lieu of a salary increase to be effective with the
pay period beginning July 7, 1982 , after City Council approval of
this Memorandum of Understanding with the Police Officers Asso-
ciation, the City will pay an amount equal to three point one
percent (3. 1%) of the Police Association' s payroll into a trust
account held by the City to be used for the sole purpose of
defraying the costs of any future negotiated employee benefit
improvements.
ARTICLE 9
Hours and Overtime
9. 1 All regular employees will receive full time employment
for each work week employed, provided they report for duty and
are capable of performing their work. This is not to be 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 conclu-
sion 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 week is defined to consist of five (5) workdays of eight (8)
hours each, or four (4) 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.
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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. 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.
(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. Field Evidence Technician Specialists shall select
watches and days off based on seniority with the
Department. Field Evidence Technician Specialists
shall be equally distributed among the three
watches.
c. 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 Specialists shall rotate between Watch II
and Watch III as often as is practical.
d. DUI Specialists shall remain on special assigned
watches.
e. 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) 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 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 (4) hour.
Time worked as defined in (a) or (c) above as a result of a shift
change shall not be regarded as overtime for compensation pur-
poses.
9 . 5 Overtime compensation shall be paid at a rate equiva-
lent to one and one-half (12) times the regular rate of pay or,
at the employee ' s option and with City approval, the employee may
elect to receive time off with pay at the rate of one and one-
half (12) hours off for each overtime hour worked. Compensatory
time off with pay shall be scheduled in the same manner as
vacations are normally scheduled. The maximum compensatory time
off available for any employee at any time shall be limited to
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eighty (80) hours. In the event overtime is worked when an
employee has the maximum accumulation of compensatory time off,
eighty (80) hours, the employee shall be paid for the overtime
worked as set forth above. Employees whose employment with the
City is terminated for any reason shall, at the time of termina-
tion, receive any unused compensatory time off previously earned.
9. 6 Employees who are required to report for work on their
non-workdays or on holidays they are entitled to have off or
outside of their regular hours on workdays, shall be paid over-
time compensation for the actual time worked, but in no event for
less than twe--(-23 three (3) hours compensation. If an employee
who is called for such work outside of his regular hours on a
workday continues to work into his regular hours, he shall be
paid overtime compensation only for the actual time worked. If
an employee performs overtime work immediately following the end
of his regular shift, he shall be paid overtime compensation only
for the actual time worked.
9. 7 Overtime shall be distributed as equally as is practi-
cable 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.
9 . 8 Employees who are not notified at least fifteen (15)
hours before their scheduled court time that a subpoena has been
cancelled, will receive the minimum court time as outlined in
Section 9. 6 of this contract. It is the responsibility of the
employee being subpoenaed to contact the Department by 6 : 00 p.m.
on the day preceding the court date to determine if the subpoena
has been cancelled.
ARTICLE 10
Seniority
10 . 1 Seniority is defined as total length of continuous
service with the City. In determining an employee ' s seniority,
the continuity of his service will be deemed to be broken by
termination of employment by reason of (1) resignation, (2)
discharge for cause, (3) layoff, (4) failure to return
immediately on the expiration of a leave of absence or acceptance
of other full time employment while on leave, and (5) absence
without pay, without a leave of absence, in excess of five (5)
workdays . Continuity of service will not be broken and seniority
will accrue when an employee is (a) inducted, enlists or is
called to active duty in the Armed Forces of the United States or
service in the Merchant Marine or under any Act of Congress which
provides that the employee is entitled to reemployment rights,
(b) on duty with the National Guard, (c) absent due to indus-
trial injury , or (d) on leave of absence. Seniority, as
defined in this section, does not apply to preference for shift
scheduling or vacation scheduling.
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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 , the City will give employees involved as much
notice as possible , but in no event will such employees receive
less than two (2) weeks ' notice of layoff. Where probationary or
temporary employees are to be laid off, no notice of layoff need
be given.
ARTICLE 13
Leave of Absence
13. 1 Leave of absence may he 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 substantial reason and in such cases
a leave will be granted.
13. 2 A leave of absence will commence on and include the
first workday on which the employee is absent and terminates with
and includes the workday preceding the day the employee returns
to work.
13. 3 All applications for leave of absence shall be made in
writing except when the employee is unable to do so. The con-
ditions under which an employee will be restored to employment on
the termination of leave of absence shall be clearly stated by
the City in conjunction with the granting of a leave of absence.
Upon an employee ' s return to work after a leave of absence, he
will be reinstated to his former position and working conditions,
providing that he is capable of performing the duties of his
. former position, except that if there has been a reduction of
forces or his position has been eliminated during said leave, he
will be returned to the position he would be in had he not been
on a leave of absence .
13. 4 An employee ' s status as a regular employee will not be
impaired by such leave of absence and his seniority will accrue.
•
13. 5 If an employee fails to return immediately on the
expiration of his leave of absence or if he accepts other full
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•
time employment while on leave, he will thereby forfeit the leave
of absence and terminate his 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
option and expense , maintain his group insurance coverage pro-
viding the full monthly premium is received in the Finance
Department of the City on or before the first day of the month
for which the premium is intended. Notwithstanding the above ,
however, if the leave of absence is as a result of exhaustion of
sick leave benefits , an employee ' s group insurance may be main-
tained for up to three (3) calendar months on the normal pre-
mium-sharing formula, providing the employee pays his share of
the premium on a timely basis.
ARTICLE 14
Expenses
14. 1 Whenever an employee uses his personal automobile for
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 are assigned to temporary work at such
distance from their regular headquarters that it is impractical
for them to return thereto each day or to their regular place of
abode, will be allowed actual personal expenses for board and
lodging for the duration of such assignment, provided they board
and lodge at places to be designated by the City. The time spent
by such employees in traveling to such temporary job at its
beginning, to and from home on holidays and weekends and from
such temporary job at its conclusion and any reasonable expense
incurred thereby will be paid by the City.
ARTICLE 15
Sick Leave
.15. 1 Sick leave with pay shall be accumulated for each
regular and probationary employee at the rate of forty six
thousandths ( . 046) of an hour for each regular hour worked or on
paid leave. (Accrual rate approximately one (1) day per month. )
15. 2 Sick leave shall be allowed for a non-work related
absence due to: (a) the inability of an employee to be present
or perform his duties because of personal illness , off duty
injury or confinement for medical treatment; (b) personal
medical or dental appointments which are impractical to schedule
outside of regular working hours; and (c) the need to be
present during childbirth , surgery, critical illness or injury
involving members of the immediate family as defined in 16. 1 , for
up to ane- 1-.hal-y---se4iefiti-led-- --d-cry forty (40) hours per
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incident. No person will be paid both sick • leave 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 sick-
ness or disability before payment for sick leave will be made.
The City may also require an employee requesting to return to
work after sick leave or leave of absence for medical reasons to
submit to a medical examination by a physician or physicians
approved by City for the purpose of determining that such emplo-
yee is physically 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.
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 (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 . 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
Funeral Leave
16. 1 Regular and probationary employees who are absent from
work due to the death of a member of the employee ' s "immediate
family" shall receive compensation at the regular rate of pay for
the time necessary to be absent from work, but not to exceed
forty (40) working hours. "Immediate family" as used herein
includes only employee ' s spouse, children , grandchildren, bro-
thers , sisters , parents or grandparents of either spouse or other
persons who are living in the employee ' s immediate household.
16. 2 Regular employees who are absent from work to attend
the funeral of a person other than an immediate family member
shall receive compensation at • the regular rate of pay for the
time necessary to be absent from work, but not to exceed one ( 1)
regularly scheduled work day.
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. .
ARTICLE 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 1st
* (b) February 12th, known as "Lincoln Day"-
(c) The third Monday in February
(d) The last Monday in May
(e) July 4th
(f) The first Monday in September
(g) Employee ' s birthday
(h) The second Monday in October, known as "Columbus Day"
(i) November 11th, known as "Veterans ' Day"
(j ) Thanksgiving
* (k) Friday after Thanksgiving
(1) December 25th
*Shall not be a holidays for employees assigned to a ten (10)
hour workday.
If any of the foregoing holidays fall on a Sunday, the Monday
following shall be observed as the holiday , except by those
employees who are regularly scheduled to work on Sunday other
than on an overtime basis. Employees who are regularly scheduled
to work on Sundays shall observe such holidays on Sunday. If any
of . the foregoing holidays fall on a Saturday , the preceding
Friday shall be observed as the holiday, except by those emplo-
yees who are regularly scheduled to work on Saturday other than
on an overtime basis. Employees who are regularly scheduled to
• work on Saturdays shall observe such holidays on Saturday. If
any of the foregoing holidays fall on any day from Monday through
Friday, inclusive , and that day is a regularly scheduled non•-
workday for an employee , such employee shall be entitled to
receive another workday off with pay- to be scheduled in the same
manner as vacation days are normally scheduled. Notwithstanding
the foregoing , an employee may observe his birthday holiday on
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.
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•
17. 2 Notwithstanding the foregoing , employees may be sche-
duled 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
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 :
18 . 1 (b) At the rate of thirty nine thousandths ( . 039) of
an hour for each regular hour worked or on paid leave from the
date of employment through the one hundred fourth (104th) full
pay period of employment. (Accrual rate approximately two (2)
weeks per year up to four (4) years of service. )
18. 1 (c) At the rate of fifty eight thousandths ( . 058) of
an hour for each regular hour worked or on paid leave from the
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) year of service. )
18. 1 (d) At the rate of sixty eight thousandths ( . 068) of
an hour for each regular hour worked or on paid leave from the
two hundred thirty fourth (234th) full pay period through the
three hundred sixty fourth (364th) full pay period of employment.
(Accrual rate approximately three and one-half (31) weeks per
year after nine (9) years of service. )
18. 1 (e) At the rate of seventy seven thousandths ( . 077) of
an hour for each regular hour worked or on paid leave from the
three hundred sixty fourth (364th) full pay period through the
four hundred ninety fourth (494th) full pay period of employment.
(Accrual rate approximately four (4) weeks per year after four-
teen (14) years of service. )
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.
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110
(Accrual rate approximately four and one-half (41/2) weeks per year
after nineteen (19) years of service. )
18 . 1 (g) At the rate of ninety six thousandths (. 096) of an
hour for each regular hour worked or on paid leave from and after
the six hundred twenty fourth (624th) full pay period of employ-
ment. (Accrual rate approximately five (5) weeks per year after
twenty four (24) years of service. )
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
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 (10th) calendar year following an employee ' s employment
date and in each fifth (5th) calendar year thereafter, an emplo-
yee who has used one 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
§18 . 1 . The bonus vacation as herein provided vests on the first
day of each year in whichan 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.
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 consecutive workdays ,
his preferential rights shall only apply on one period in that
calendar year prior to all other employees being given consi-
deration in the selection of their first choice vacation period.
Vacation scheduling shall be completed at the same time 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 to 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 .
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4 4
18 . 5 The City shall not require an employee to take his
vacation in lieu of sick leave or leave of absence on account of
illness.
18 . 6 If a holiday which an employee is entitled to have off
with pay occurs on a workday during the employee' s vacation
period, such employee will be entitled to an additional day of
vacation and will be compensated for same.
18. 7 Employees whose employment with the City is terminated
for any reason shall, at the time of termination, receive any
unused vacation period previously earned.
18 . 8 Whenever any employee has accrued one hundred twenty
(120) hours or more vacation allowance as set forth in 18. 1
(a-h) , the City will, at the employee' s option, compensate the
employee for up to forty (40) hours of accumulated vacation
during any fiscal year.
ARTICLE 19
Uniforms
19. 1 The uniform allowance (which is presently $386 $425 per
year) is normally paid in July of each year and is for the
purpose of maintenance and replacement of uniforms for the
ensuing fiscal year. The allowance is not a reimbursement for
the prior year. The first clothing allowance shall be a prorated
amount for that period of time from the employee ' s date of
employment to the following July 1. In addition to the fore-
going, those employees assigned to motorcycle duty will receive
the difference in cost between the cost of regular pants, jackets
and boots and the special pants, leather jackets and boots
required for motorcycle duty, at the time of replacement.
19. 2 The City shall pay the reasonable cost of repair or
replacement of uniforms, glasses, er watches or other personal
property up to two hundred dollars ($200. 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.
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. The file may not, however, be
removed from the Personnel Office.
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411 IIM
20 . 3 An employee who disagrees with the evaluator' s state-
ments or conclusions with respect to the employee evaluation
report shall have the right to review such evaluation report with
the City' s Personnel Officer and, upon request, shall have the
right to have an Association representative present. Government
Code Section 3300, known as the Public Safety Officers Procedural
Bill of Rights, Subsection 3306 , states: "A public safety
officer shall have 30 days within which to file a written res-
ponse to any adverse comment entered in his personnel file. Such
written response shall be attached to, and shall accompany, the
adverse comment."
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.
ARTICLE 21
Employee Benefit Programs
21 . 1 Retirement Plan: All regular and probationary emplo-
yees 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 five (55) ; normal retirement age
fifty five (55) ; 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 three percent (73%) of employee' s cost;
and military service credit. The City-paid pays seven three
percent (73%) of the employee ' s normal contribution to the Public
Employees ' Retirement System whiek is credited to the members '
contribution account and w1 eh will be refunded to the member
upon termination if he withdraws from the retirement system and
requests a refund. Et eetve--Jttly--1,---1984j--- -- --w -1i
4nerease--4.-t- --payments---to--seven- p -44% --om-behalf--aq-the
employee- Effective June 30, 1985 , the City will amend its
contract with the Public Employees ' Retirement System to provide
for a benefit formula of two percent (2%) at age fifty (50) .
21 . 2 (a) Group Insurance: All regular employees and all
probationary employees are eligible to participate in a group
insurance benefit program, effective the first day of the month
following employment. The City shall pay the full cost of the
program for both employee and dependents. The major elements of
the group insurance benefit program are :
(1) Life Insurance: Twice annual salary for employee,
$3000 for employee ' s dependents.
(2) Health Benefits : $100 deductible per person per year
exceptfor accidents which shall have none; 80% payable
for first $5000 of eligible charges, except for hospi-
tal charges which are 100% payable; 100% thereafter up
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•
to one million dollars lifetime limit; professional
fees based upon U.C.R. ; normal typical exclusions and
limitations.
(3) Dental Benefits : No deductible and 100% of U.C.R. for
prevention; no deductible and 50% up to $1 ,500 per
lifetime per person for orthodontia; $25 deductible and
80% of U.C.R. up to $1500 per person per year for all
other eligible charges.
(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.
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
set forth above. Following the death of a retiree the surviving
spouse, if any, may continue the insurance at their own expense
until becoming eligible for participation in any other group
insurance program. Notwithstanding the foregoing, the City may
increase its contribution to the retirees ' group insurance
premium or improve Public Employees ' Retirement System benefits
during the term of this Memorandum of Understanding.
21 . 2 (c) The health benefit plan as set forth in number 2 of
21 . 2 (a) above, provides for payment equal to fifty percent (50%)
of the cost for the first six (6) visits of outpatient benefits
for treatment of mental and nervous disorders. The City will
reimburse those employees for their cost for the first six (6)
visits of the benefits set forth above, provided the employee
submits the necessary documentation to support the expense and
request for reimbursement to the Personnel office.
ARTICLE 22
Term
22 . 1 This Memorandum of Understanding, having taken effect
as of -July 1, 1974 , and having thereafter been amended, shall
remain in full force and effect until the first day of July, 1986
1985, and thereafter from year to year unless written notice of
change or termination shall be given by either party ninety (90)
days prior to the expiration date above or the expiration date of
any year thereafter, except, however, that the amendments sche-
duled to be effective on November 4 , 1984 eptly-3719$3 and there-
after shall only become effective with approval of the City
-20-
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22. 2 Whenever notice is given for changes, the general
nature of the changes desired must be specified in the notice and
until a satisfactory conclusion is reached in the matter of such
changes, the original provision shall remain in full force and
effect.
22. 3 This Memorandum of Understanding shall not be amended
or supplemented except by agreement of the parties hereto,
reduced to writing and duly signed by each.
22. 4 Any provision of this Memorandum of Understanding which
may be in conflict with any Federal or State law, regulation or
executive order shall be suspended and inoperative to the extent
of and for the duration of such conflict; the balance of this
Memorandum of Understanding, however, shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have executed these Amend-
ments to the Memorandum of Understanding on the day of
, 1984, to be effective November 4 , 1984.
ROBERT E. COURTNEY DOUGLAS R. O'HARE
City Manager President
City of Redding Peace Officers Association of
Redding
JAMES G. BRISTOW MARTIN G. RAUCH
Personnel Officer Vice President
City of Redding Peace Officers Association of
Redding
Approved as to form:
Randall A. Hays
City Attorney
City of Redding
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•
411 •
EXHIBIT "A"
SCHEDULE OF WAGE RATES
Effective November 4 , 1984
Step 5
Salary Step Monthly
• Hourly Pay Rate Equivalent
1 2 3 4 5
- Police Recruit $8. 33 $1 , 449
Police Officer I $9 . 80 $10. 25 $10. 73 $11 . 35 $11. 87 2, 065
Police Officer II 12. 48 2 , 172
Police Officer III 13 . 09 2 , 278
Police Court Officer* 13. 74 2, 391
Police Investigator* 13 . 74 2 , 391
Police STOP Officer* 13. 74 2, 391
Police Sergeant 15. 09 2, 626
*Positions subject to temporary upgrade or temporary reclassi-
fication only, and appointments or assignments may be terminated
at any time.
•
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EXHIBIT "B"
Job Definitions
Police Recruit
Under direction, to attend a Peace Officer Standards and
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 riot 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 1: Minimum standards for
employment as established by
the Commission on Peace
Officers Standards and Train-
ing.
Police Officer I , Step 2: ' A minimum of six (6) months
service in law enforcement.
. Police Officer I, Step 3: A minimum of one and one-half
(11) years service in law
enforcement, a POST Basic
Certificate* and thirty (30)
semester units.
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.
Police Officer I , Step 5 : A minimum of three (3) years
service in law enforcement , a
POST Basic Certificate* and an
AA degree or sixty (60)
semester units , and one (1)
year in law- enforcement with
the Redding Police Department.
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411
Police Officer II , Step 5 : A minimum of four (4) years
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
with the Redding Police
Department.
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;
or a minimum of four (4) years
service in law enforcement, a
POST Intermediate Certifi-
cate* , a Baccalaureate degree
or one hundred twenty (120)
semester units and two (2)
years in law enforcement with
the Redding Police Department.
Police Sergeant
An employee who is engaged in the supervision of employees
who perform all classes of law enforcement work. His duties
include, but are not limited to , planning work, coordinating
field activity and counseling and training of personnel. He
shall have the personal qualifications of leadership and super-
visory ability, knowledge of laws and court procedures and be
familiar with the City ' s accounting procedures , policies and
rules and regulations .
Requirements : In order to be eligible for promotion to
• Police Sergeant, a candidate shall have served as a peace officer
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 pro-
motion. 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 chal-
lenged by either federal or state authorities or by any employee
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S S
or citizen, the Peace Officers Association of Redding agrees to
share all costs of defense in such litigation on the basis of
share and share alike with the City of Redding, and to partici-
pate as co-defendants in case of such litigation.
*As established by POST on July 1 , 1974 .
•
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