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HomeMy WebLinkAboutReso. 1983 - 165 - Approving the provisions of the memorandum of understanding between the city of redding and the peace officers association of redding 111RESOLUTION NO. ;j-/ 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDDING AND THE PEACE OFFICERS ASSOCIA- TION OF REDDING, EFFECTIVE JULY 3, 1983. 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 July 3 , 1983. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the ty of Redding on the 15th day of August , 1983, and was duly adopted at said meeting by the following vote: AYES: COUNCILMEN: Demsher, Fulton, Kirkpatrick, Pugh, and Gard NOES: COUNCILMEN: None oQ ABSENT: COUNCILMEN: None -1- 0\ • r • • :.*BAii, ALLEN ARD, Mayor City of Redding ATTEST: ETHEL A, NICHOLS, City Clerk FORM APPROVED: RA DALL A. HAYS, C ''ty Attorney -2- . . 411 411 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 juue 25 , 1978 AMENDED: August 2 , 1982 , to be effective July 7 , 1902 AMENDED: August 271_, 1983 , to be effective July 3 , 1983 411 • TABLi'. OF CONTENTS Article Page 1 Preamble ___._.n____-_._...___. _. ..,__._.____r_.__._ .___. _ ._ 1 2 Recognition -__.__ _,_.__.,....._..___..__..._.______ .a _.___.__».._ _-__ 3 3 Association Security -- 4 4 Grievance Procedure - ____ ___-,._-_-.-.- __-______ 4 6 6 Disability and Unemployment ---------------------- 6 7 Employee Status ___.. _._...__--__a 7 8 Wages and Classifications -- -----_ - - --- 8 9 Hours and Overtime .____.___._ _ .__ 9 10 11 Promotion and Transfer ------------------------------_.___-_..,._._-______,- 11 12 Demotion and Layoff ------------------------------ 11 13 Leave of Absence --------------------------------- 11 14 Expenses - .,_____-__ ____.__________.___._____._ 12 15 Sick Leave -- .-____.____._.__.. _.___.___._____.._.__..._. 13 16 Funeral. Leave --`-_-- -• 13 17 Holidays 14 18 Vacations - __._.._.__..____.,_ .____________.____.____--_________v__ 15 19 Uniform_, -- 17 L 0 1.41�... l.`l.. .a n f'::.)i.1. i .�._...,,,_...._......................_......_, ...._...,......._.......,..,„,._...»_»...._......_......_._._..... 17 21 Employee Benefit:. Programs ------------------------ 18 19 III their duties for the City shall be subject to disciplinary' action up to and including discharge`' from employment without recourse. 1 . 5 City employees 1..1"3`, shall perform loyal and efficient work and service and. shall use their influence f::.luence: and best efforts to protect the properties of the City and its service to the public and shall cooperate :1.n. promoting andadvancing 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 ting harmony and efficiency among City employees . 4:-;41 The parties have met <<Iid conferred in good faith and h<<.ve reached. agreement on procedures set forth in this Memorandum of Under- stanC7ing 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-Milia,-Brown Act and will make its effort totopersuadepersuadeto^ n!cc:1'%l.)e1's 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 Padding recognizes %12-d 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-Pii i.as--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; (h) the supervision of all operations, methods , processes and means of performing any and all work, the control of the property and the composition , assignment, direction acid 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 facilities ; e or improved operations , methods , means or r , and � - the right to hire , ;ch dule. r promote , demote,te'.t �trans e) P release t,'-� and. lay off employees and the r1.ght to suspend, discipline a.nd. discharge employees oti''-C. and otherwise S'r'i :=;i:'. ._C7 maintain. an orderly., f re tive and efficient operation. Iif>_ `.I'hC rchedl1 and staffing_plan for the Field Oc)erat teens Unit proves iOl tOnr ( '? } ccv h'ot.1i\7C-'.,.1•: Wai:.h ten ( l.U ) -1-66-7,_:: ur wo ICinc days c' _ requ 1 1r` time . __+_t; :.` recognized cogni, C-d h t. management ha the q _r? to i i r n schedule C i�,i e)y(- (�` and �-,� determine the '�t moi. Inc{ 1 '1P 1 } 57t:Ve t' specific i �. c (. exclusively_ I . the I. \'ereaorI I::':) r:? 1 .Lire ~(5 da [,Ci \ t:v(5k _1) C Io.itMU 6.7i7 work in ciLivE, in that this revere _on._..,shal1 be sub cci tic the:_. meet-and-confer p.1:oct_" .1 ,l I C.\/i c 1 -:.0 tor l b\f i-11 c V(- \'e r s...M .l_i"f c':,.. Drown Act, -2- V , , . . , • • ARTICLE 2 Recognition 2 . 1 The City recognizes the Association as the "Majority Representative" of all employees of Ia City Police Department. who hot 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 heldas often as agreed upon by the Association and Management. The purpose of these meetings shall he to promote harmony and effi- ciency andto improve communications between employees and all levels at 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 norme,1 gr:Levance procedures or for formal neqotiations between the parties . Those in attendance shall consist of the Its tqegotiatinq Committee and the. City ' s Police Chief , the Personnel Officer and such other management personnel as determined by the Personnel Officer. The meetings shall be summari.::ed in written minutes . Except that the provisions of this section shall be observed, the meetings shall be self-orga-' nizing. -3- . . . . . , • • . . 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 authoI:ize 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 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 withhold 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 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 ey -d4-s-c4t)-1 . This shall not , however, prevent a probationary employee from exercising any other rights under this Memorandum of Understanding, Every employee desig- nated 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 nanagement Supervisor directly involved, Division Head or Department head as applicable, who will answer within ten Mfl days . This step shall be started within thirty (30) days of the date of the action complained, of or the date thegrievant 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 he supplemented by written presentationS aswell as the -oral discussions required above . The notice of. the Lime , date and location of all meetincjs between the grie-', vant ' s representatives and management representatives must be in writing . -4- , . . • 0 4 . 3 Step Two : It a grievance is not resolved i.e the initial step, the second step shall lar a discussion between the Assooiation ' 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 he composed of one (1 ) member appointed by the City, one CO 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 ot a Chairman of the Arbi- traton Board, they shall request the State of California Conci- liation Service to nominate five (5) persons tel 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 foredoing , the. City and the Association may, By_ mutu&ia consent, agree on a single arbitrator to hep=r grievances , on the same cost sharing basis , The City and the Association shall pay the compensation and expenses for their respective appointees and witnesses . At the Association ' s • request, the City shall release employees from duty to participate in arbitration 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 b final and binding on the City and' • the Association and the aggrieved employee , if any , provided that• such decision. does not in any way add to, disrecjard. or modify any - . of the provisions of this Memoranduril of Understanding . 4 . 6 Failure by either party to meet any of the aforemen-' tioned time limits as set forth in §542 , 4 . 3 , 4 . 4 , 4 . 5 (a) or. -5- , . . . , . . 411 ill, 4 . 5 (c) will result in for by the failingparty; except however, that the aforementioned. time limits may be extended by . mutual written agreement. Grievances settled by forfeiture shall not bind CTFar rarty 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 litaileffea 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 l'-i-month,17y once ever,' 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, 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 tC mporary work shall be determined by the City. Such. employee shall be compensaLed at the then current rate of pay (-)f 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 thatsuch employee is physi- cally and mentally fit and able to perform the duties of his . position. withouthazard 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 -6- . . „ . . . . III III is absent from. work -:,s a. result of a job related disability and receiving WorkersCopensation tempozary disatthty compensation an set forth in ,10 of the Labor Code of the State of Cali- fornia for the period c-if- such. disability, but net exceeding one ( 1.) year. Employees won are not entitled to the benefits as set forth in ,S450 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 dav of the monthfor which. the premium is intended, Holjdays which occur during the period for which. any employee s 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- merit 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 , holidaypay, 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 promtion or transfer or be eligible for a leave of absence . Upon completion of one and one-half ( 11/2) years of continuous full time service with CitT7LITTTiLi ine spent claSsified as a Police Recruitin the Poiti6AT. mv) or one ( 1 ) veerd7EETT onus Lu 1.11 t:Lse:Irvice with City for a Lateral enT7y. Police otKicer , a probationary employee shall be c.-Iven the statu of a regular employee . Notwithstanding anyother provisions of this Article , an employee ' s probationary period shall -he extended by the duration of any unpaid absence of ten ( 10) or more consecu- tive work days . A probationary period may also be extended at the discretion of City management for a 'period not to exceed s ).: (6) months for the purpose of enablingis more extensive review anh. evaluation of a probationary employee prior to his attaining' permanent statu9 . Suck A. probationary emolovee shall he notified os, - in writing of such an extension not less than -Thl ( 10) working days brlon to the evniration of the brohtionary nerloo et-- -4--; -7- , . . • . . , 411 III 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 minimumrate for the job but shall not be ejigible 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 temporaryemployee is reclassified to probationary status , he shall becredited 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 lull 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 may period following qualification for the promotion. 8 . 2 Wages shall be paid at ba-weekly intervals on Fridays for a pay period ending ne 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 , hut: not more than the top wage rate of the temporary classification. 8 . 4 When an employee is temporarilyassigned to workin a. classification lower than, his regular classification , his rate of pay will, not be reduced. -8- . . . , . III III „ , „., purposes of wage rate progression in a temporary classifien , the time worked by. an. employee in other than his regular cl:, ,qificatiJprl• she also be accruedin such temporary classification. 8 . 6 (i,i ) Attached hereto and made a part hereof is Exhibit "A” entitled "Schedule of Wage Rates" . 8 . ) Fffective July 3 , 1983 , wage rates shall be adlustee , tthd rate of eight-tenths of one percent ( 81 ) for -,_ _ _ . . each cut: oor_cent ( 1%) ofchange in the Bureau of Labor Statis- _ .. .,7- _ , 7, ( 3-- --------7", ----'-'77-77.4" tleS ' • t.:)1L '• Pr] ce index for Urban Waqe harneJ_ s anaerledl Workers U . S . Cities1967base , between theindexnumberfor .. . the inx e denumb .17:6-5FEy717)1T7:-- ______ _,r 8 . 0 (ha) Notwithstanding the foregoing, wage rates shall not be adjited below the level established on July S3 , 19813 . 8 . 7 2\ttached hereto and made a part hereof is Exhibit "B" entitled "Jeb Definitions" . • 8 . 8 In 1,ieu 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 defrayingthe 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 thc 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- . tion of the day ' s work and the time spent in traveling between. such headquarters and the job site shall be considered as time worked. 9 . 3 A work week is defined to consist of seven (7) consecu- tive calenda17 days , Sunday through Saturday , and a basic work week is defincd 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. -9- . , . . . , III 410 () , /, Overtime is defined. as (a) time worked in excess of . . forty (40) hours in a work week, (b) time workedin excess of eight ( 8) hours or ten ( 10) hours as applicable on a scheduled workday (the ten hour vs.)rkda.v./ 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 workedoutside of regular hours on a workday , and (e), time worked ona holiday. Over 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 per- poses. 9 . '"; Overtime compensation shall be paid at a rate equiva- lent to one and one-half (11/2) 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 (11/2) hours off for each overtime hour worked. Compensatory time off with pay shall be scheduled in the same manner as vacations are normally scheduled_ The maximum compensatory time off available for any employee at any time shall be limited to 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 two (2) 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 emplovces whc have worked overtjme to take equivalent time off during a workday without pay. ARTICLE 10 Seniority. 10 . 1 Seniority is defined as total length of continuouc. service with. the City , In determining an employee ' s seniority,. the continuity of his service will bedeemed to be broken by termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff , (4) failure to return. • -10- • • i immediately on. the expiration of a leave of absence or acceptance of other full 1u1-T1tC employment while on leave , and (5) absence without pay, wwithouta leave of absence ,_ in e kess of five (5) E1 i_ !._-. - ::, . Continuity Cil service.,._C (: ?`=."_.1.i.. Tl 1t be broken c_1;.i,t seniority. w11 _ accrue when an employee is (a) inducted, enlists or i called to active duty in the :Armed. Forces of the United. States Cr service in the Merchant Marine or under any Act of Congress which ic 'i. 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. ARTICLE 11 Promotion , Transfer 11 , 1 A.i.l promotions and transfers fers 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 !'',i}_1l� �_yEaf;.:_� are to },.!C_'. laid off, no notice of 1..ayO..:7. nC::E.'.C::.. be given. ARTICLE 13 • Leave of Absence 13 . 1 ] rave of absence may be dr- ntecto regular employees by the City Manager for urgent and substantial reasons , up 1to a maximum of one (1) year , providing satisfactory arrangements can be made to perform the employee ' s duties without undue of inter- ference Inability to return to ,-�1.-eITc�, c•:ii=h the normal routineroutinework. after.tL sick:. .. an employee ' s!.'• lC':r:;`: ._ has been exhausted. will be considered < s an urgent and substantial iesn and ,n such case _ a leave w.i_li. be. €::i:..I.a.}:!Let .. 13 . 2 A leave of absence w:L1.l commence on and include the the employee is absent and. terminates with firstworkday on which the and includes the workday preceding the day the employee returns to work , 13. 3 t',i a. applications for ...nc;c\'f.'. of absence .Sh".._f..l be made in The writing except ''hen the employee' is unable to ddoso., con- ditions under nib:Lch an employee will be restored Co employment an t ' s_ shall b� clearly stated by. the termination of leave of absence the City in conjunction with the granting of a leave of absence. -11- . . . • 111 4 1 Upon an employee ' s return to work after a leave of absence, he wLi l 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 hai teen eliminated during said leave , he will he 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 Lime 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 vacationor 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 Dlace of abode , will be allowed actual personal expenses for board and lodging forthe duration of suchassignment, 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 willhe paid. by the City. -12- , . . , III III shall receive compensation at the regular rate of pay for the time necessary to be absent from work,. but not to exceed one ( I) regularly scheduled work day , ARTICLE 17 Holidays 17 . 1 Popular 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 ( ( ) The first Monday in September (g) Employee ' s birthday • ( -).) The Second Monday in. October, known as "Columbus Day" (i) November 1.1th , known as "Veterans ' Day' U ) Thanksgiving * (k) Friday after Thanksgiving' (1) December 25th *Shall not be holidays for employees assigned to a ten ( 1C ) 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 ar. 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 scheduledto work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays fall onany any from Monday through Friday , inclusive , and that day is a rogularly scheduled non- workday for an employee , such employee shall be .i.E5 to receive another workday off with pay to be scheduled in the same manner as vacation days are normally scheduled. Notwithstanding. -14- . . . . , . • 411 411 . . the. 1 ,,, ,„7,---, ,, ,,,-,.1.-1 emplove may observe his birthday holiday on his h , c1T-,..0 ,. (.--,..: nytim durir.g the pay. pr,',-40,3 .n whiH1 the ,.....--:-. ,,,, or .LhP h'-il 'it'laV 11 be ,..:1'.eferred and schedula as • ,- ,,,,,,...--,....,, ,, vacr11-... ie rc. norinaIly s*Theeri.led • , 17 . '2 Nr-,twithstandnq the foregolnqy employees may be cheduj ,,d T..,-, .,.,:erk on holidays , in which event any such ell.iployee will , in. :.n1,-L, ticn to his holi.day pay, be compensated therefor at the ch:, . o ,. rate of pay for all time worked on such days . An emiPlovn- y -,* , however , at his option, elect to observe that holiday :IL :mother time to he scheduled in. the same manner as vaeath .1 a. are normally scheduled: in whichevent any such emplo,,(,f,., ,:.: il ch .:' be compensated for tworked on. that. eaay at thc..- .s,.. nrt.. ,.,, .,.. te of py- ar.:d. shall not. reneive holiday Day for such pc.ni , 17 . 3 il ..--rn employee is in a non-pay status onboth workdays immediately ddlacent to the holiday, he shall not receive pay for the holiWay. . . ARTICLE 18 Vacations 18 . 1 (a) Regular and probationary employees of the City shall accrue vacations with pay as follow . 1 (1.e) At the rate of thi.:rty nine thousandths ( . 033) of an. hour .I.:.or ,...*.ach regular hour worked. or o.n paid lea.-ie froDthe date of emriloyment through ane one hundred fourth ( 104th) full payperiod 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 (SIC hund*1*-[:'H fourth ( 1044:1 ) full pay periodthrough the two hundred Lhirty fourth (234th) full pay period ,..rf employment, (Accrual rate approximately three (3) weeks peryear after four (4) year of servce . ) 18 . 1 (d) At the rate of sixty eight thousandths ( . 048) of an hour fa..-: ,.7ach regnlar hour wo-rhed or on oars leav-e from the two hunglee f.hirty fourth (234th) full payperiod through the three hundred sixty. fourth (364th) full pay period of employment . • (Accrual rate approximately three and one-half (Si ) weeks per year after hine (9) years of service. ) 18 . 1 (e) At the rate of seventy. seven thousandths ( . 077) of . an hour ',:or each regular hour worked or on paid leave from the three hundred sixty fourth (361th) full pay period through the four )ilAudre ninety fourth ( 494th ) full pay period of employment . (Accrual rate approximately four (4 ) weeks per year after four- teen ( 14 ) years of service . ) 15- _ __.... ._ .. .... ....................._ . . . . , .. III • 18 ..1.. (f) At the rate of eighty seven thousandths ( . 087) of an hour for each reqnlar hour worked or an paid leave from the four hundred ninety fourth ( 494th) full pay period thronqh the six hundred tenty fourth 6.,..'.4thl full ...Day. period of employment, (Accrual rate approxitely four and one-half (4 ,',) we0.',-.s per year after nineteen. (19') ' ors of s,.=,.i-1,..-. ) 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 pav period. as used in. this Article is defined as evils. 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 lies used twenty four (24) hours or less of paid sick leave inthe preceding year shall be entitled to eight (8) hours of bonus vacationin addition to any vacation allowance the employee is entitled to as set forth in Section 18 . 1 , In the tenth (10th) calendar year fellowinq an employee ' s employment date andin each. fifth. (5th) calendar year ,thereafter, an emplo- yee who has used sea: hundxed twenty (120) hours orless of sick leave during. the five (5) Preceding calendar years shall, be entitled to forty (LIN hours of bonus vacation in addition to the vacation. allow,ance the employee is entitled to as set forth in. 518 , 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 pest of the bonus vacation unless such employee works in the calendar year inwhich 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 v.,...J. th less seniority in the selecnion of a vacation period, proyidod, however , that if the senior employee splits his vacation by- requesting less than a. full year ' s allowance to be scheduled on Ex.:nsecutive workdays , • his preferentii rights shall only apply on one periodin that ca'' endar year prior to all other employees being cd ven consi- . donation in the selection of their first choice vacation period. . 18 , 5 The City shall not require anemployee to take his vacation is 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 16- „ . . period , such employee will 0: entitled to an additional day of vacation and wiJI be compensated for same . 8 . 7 Employees whose employment witn the City is terminaced for any reason shall, at the time of termination , receive any unused vacation period previously earned , ARTICLE 19 Uniforms 19 . 1 The uniform allowance (which is presently1:?)'.:::.125 $300 per year) is n 0 rma y paid iii duly 01 each yez,-,3..r and is Lot the purpose otmaintenanct-'.., and replacemehL 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 thP diffPrence 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 P City "0 .'„7 the reasonable cost at: 11) r or replacement ot uniforms glasses , c.,,y.t'f watches or other persona".1. property up to on.(-,. two hundred dollars (*200 . 00) damaged in the course of employment. This provision does not apply to items lost Or damaged as a resultor_ r.i.e.g_I:ti...ce_c_L_tp,e amp I. yes 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 emdloyee , at his request , shall be permitted to rev-.1 ,2W his own personnel file. The file may not, hewever, be removed from. the Personnel Office,: 20 , 3 An employee who ,....isa;.frees 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 Personnel Officer and , upon request , shall have the tight to have an Assocation representative present. Government Code Section 2,"',00 , known as the Public Safety 01f1.(-ers Procedural. Bill 0 is R.1(4 Ire -LI on 3 3 6 I "A Du bilo j: c r 1.1 n CC2 1 n n i7) 1. 1 t Len :Les- ..... pone to anv adverse comment entered In nas personnel fiLe „ Such written resoonse shall be attached to , and shall accompany., the adverse comment. " 7- S - • . . . 20 , 4 Employee home adresses and telephone numbers will not he released to anyone other than authorized City pa: 0011 withen the pemisso:i r:f the emloyee ,.. Employee Benefit Prgrams 21 . 1 Retirement Plan : All regular and probationaryemplo- yees are covered by a State of California Public Employees ' Retirement System program pursuant to en existing contract with the Public Employees ' :Retirement Spa Lam, The major features are: two percent ( 2%) at age fifty -five (55) r normal retirement age fifty five (5'2,) ',; one (1). year ' s cmpenstios. in formu) a ,' 1.959 Survivorsenefis .i Pcst-Potirement Survivors allowance; credit for unused sick leave:: fifty percent C-30,0 ordinary disability benefit, City pays thee percent (3%). of employee ' s cost:: and military service credit,. .?-t_reet:1-ve---ii-tm. ,:..a --4-1.,--,--tH&--&i.:.(- —,,,,,T-1-.:-I.I. ssU4-.. .tvm. -r.-41e--C.ir.-t ,---a C17=le-pfefveA2enf7- -ef-Gye-±-nrit-ee'de- 1?.G64-p .yo9peet.ivey-aytel-a66.!--ifFiEl, Ge.\i'e--,7ry'ImTI,h--Ci.f,-.,---- --I-4-q-- --A.,)--h.-i,.c4T.- -r-,&v, :,- -4.-''.,efr'-t;...---,L7:-v7e.-3.-.r- ,---.f.r-f-i-.:--v,&-15ctlfeen,t i:2 ;c4- oi. -i31,--,-- :.--tl-h..:.c'---;P. —D ---i'-'. ',, --.2 ,T,'.'e.,-f- A The City pays . , three bercent (:-. q of the employee ' s normal contribution to the PT5'.6lic hplove I..?.et±rmet System which. is, credited. -Lc..., the , , -- , - „. • _ --_ ,___ members ' conLlibution account and wic:: wol be r :i.. nco. to the _ _. _ . . member upon. : 1 : 11'; 1. 3T. he withdraws trom the retirement, .----,,---------- -- syst., ,A,. ,..'', reccuets a fefd . Efils.fective July I , .j..9 the reit,: • • will increase lts pe,yments to seven c,,er,. -.: rt ( I-6i on nenalY or emploYe__e . Effective ,.. une JO , 1985 , the CiTty wil] amend -Fs. __ _ . - - contract with the Public Employees ' Retifment System to provide - - • ior a benet formula of two petcent (2%) at age .-.Piffy (50) ,_ 21 . 2 (a) Gro,-vg insurance : --t Al]. 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 paythe full cost of the program for both employee and dependents , The major elements of the group insurance benefit program are : (1) Lifts Insurance : Twice annual salary to:: no ores $3000 for empoycf.:2 ' s e,e1,-..;endents , (2) Health Benefits : $100 deductible per person per year except for accidents which shall have none 4 80% payable for first $5000 of eligible charges , except for hospi- tal charges which are 100% payable ; 100% thereafter up to one million dollars lifetime limit; professional fee:-.3 based upon U, C. P.,. ; normal typical exclusions and limitttons , (3) Dental Benefits : No deductible and 100% of 11.T., C., R, for preventionT $25 deductible and' 80% of U. C. R. up to $ 1500 per prson per year. -1P- . . , . ill S (4) Long Term. DisabiJity : Thc City has grood to pay an. eguivalent amount te the Polic As,sociat_i.on for thir. long term rhisability policy as the City would havo paid. to bring. the Police Assecation members under the City ' s general long tcri,',: ciis:,:c..,,,ility. progrm- 21 , 2 (b) The. City will pay fifty percent (50%) of the group medical insurance premium for each. retiree and dependents , if anv, presently enrolled and far 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 hr the City will hr discontinued upon the death of the retiree or upon na of group medical in coverage, The City w.i11 not oontrilpute payments on beal-Z of any- retiree except as SOC forth above , Following the deathof a retiree the surviving spouse ? if any ,. may continue the insurance at their own expense until becoming eligin,le for participation In any. other group . . insurance program,, Notwithstanddnq the foregoing , the City may increase its contribution to the retireesgroup insurance premium or improve Public Employees ' Retirement System benefits during the term of this Memorandum. of Understanding... 21 . 2t,c) The health beneft plan. as set forth in num:her 2 of ..... 21 . 2 (a ) above , provides for Payment. egual to fifty Percent ( 50,0 - _ . _ of the cam- .t for the first six (6) visits or outpatient benefits T7377FTJTTneln',;.. of vnental and nervous disoT-6E. .r67-2-----TTT—ifTE — TD:17 rcImburse those employees for tneir cost :for the rirst six (6) visits oI cane beneEIts set forth above , prcvldedte em: a. _......_____—........s. , suj.omIts the n•z:cessat,/ ,.-: oew.l....ortatio6 to suppo,...I. .;.-ne J.,>:rn,,n,, ........_ _ _____, requestfor reimbursement to the Personnel office, XPT-ICLE 22 ... . T6.1A:n 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, .1798:3 19G5 , and thereafter from year to year unless written notice of _............._. ,-,Thange or termination shall be given by either party ninety (90) days prior to the el-',,piration date above or the expiration date of an-'• year thereafter , exorapt however , thst the amc.;ndments scheduled to be effective on July- .7--1117:=473-2 3 , 19H3 and thereafter shall only become effective with approval of the City Council ot the City , Notwithstandinhe g tforegoing. coals.; :1315 , howover , • ,. _..., eithor n.,,rt.,7 TPy reopen neg-otlations only on. subjects of wage ,. • rates as set forth in (13 . 6 and uniform allowance as sot forth in 191 by ( lving written notification to the other partv at least ( 60 ) rThv,--7, 13,1c,r to juiv 1 . 1934 , 22_ 2 Whenever notic is given fox. changes , the general.. natUI e o the changes desired must be specified in an notice and• until, a satisfactory conclusion. is reached in the matter of such -19- 411 17 ths, Or .11 a. pi.()Vision sho I.]. remain in full force and of:roc t. • 22 . 3 TI•ild 1: .; ; cc-. ;: or supplemen -c,.--) exce .,L, b agreement the pa': Lies heeto , reduced t0 writing and dinsly signea by 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 Understaning, however , shall remain in full force and of Feet TEN WITNESS WHEREOF, the parties have execa ted the se p. nd- men tsto the Meincra)..1d...-!ril. of Undc.rs t.and.ing on the day of - . 1983 , to be effective July 3 , 1983 . • (./' „• \ , ,„ ,, •t'';2. /) E. COURTNEY DOUULAS,:.t,':. O' HARE City Manager PresIdent City of Redding Peace Officers Association of Redding / //-•2/./:./ G ,5_,;:t: V LIP R. I C .1./7.UC1-1 / Personnel Off icor Treasurer City of Reddi ri Peace Officers Association of Reddinci, DAVID M. MUNDY i Member //, Peace Officers AS50C1t1OP of Redding ' PP 00 as to form;, •. hanail A. Hays Ci.tk, Attorney City of. Redding -211- . . 411 EJTIBIT SCHK;ULE OF W7.(.... RATES E1Jootive July 3 , 1983 Step 3 Sal3ry. Step Monthly Uourl'y Pay Rate T.,„..--,vi ,,--Irn4... .. . _ 12 3 4 5 Poli,z Recruit $7 ., 93 $1 , 380 Police Officer I $9 ., 33 $976 $10 ,, 22 $10 ,. 81 $11 . 30 1 , 966 Police Officc2r IT 11 ,, 09 2069 Police Officer III 12 . 47 2 , 170 Police Court Officer* 13 . 09 2 , 278 Police investigator* 13 . 09 2 , 278 Police STOP Officer* 13 . 09 2 , 278 Pollee Sergeant 14 , 37 2 , 500 *Pos-i1,ieee ,.7,U1:).ject. to ti.s. myopay..y c Jr (pr tempnraTy re.elJAssi- ficatior only, and. appointments or assignments may be terminated at any time. -21- _ . . III III EXHITT "Wl Police Recruit Under direction, to attend a Peace Officer .--Aendards 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 ',. end to no related. work as required. Police Officer I , II , ITT An employee who is enga.qd in -,Drforming--- all ciases of law' enforcement work. His duties include , but are not 1:J. iflit91 to , traffI c law enforcement, regulation enforcement , crime prevention. and crimr:i investigation frofri cor,-;.plaint to final solution. of cases withiP his assigned area , In keeping- with the concept of career development , as en officer progresses through the various steps PS may be as increasingly. more complex and varied duties in all fields of law enforcement work. His background of training and experience shall be such as to dualify him to perform his duties with skill, efficiency, tact and diplomacy. Reguirements : Police Officer I , Step 1 : Minimum standards for eqpioyment as established :by the Commission on Peace. Officers Standazdb and Sri inc. Police Officer I Step 2 A minimum of six (6) months service in law enforcement. Police Of I , Step 3 : .7A. minimum of one and one-half (1 ) years service in law enforcement, . POST Basic Certificate and thirty (30) semester units . Police Office I , Step 1-?: A. reThi Laws of two (2) years service l:n I.J.'w enfcrcepent, POST Basic Certificr-Ite and an. Air degree or sixty (60) 505(05 units . Police Officer I , it. : (-.; :. A minimumof three (3) years service in law enforcement, a POST Basic Certificate* and an AA degree or sixty (60) semester units and one (1) year inlaw enforcement with the Redding Police Department. 22- , .. . . . . , III 411 Police Officer II , Step St b minimum of four (4) years service in law. enforcement , a ( T Basic Certificate" , an ,ITSA' dsiree or si>fty (60) seester 1.-,...7)it;,,, and 1.-wo ( 2) years in law .. with the Redding Police Depaftment; or three (3) years service in law enforcement, a POST Basic Certificate* , a Baccalaureate degree orone hundred twenty- ( 120) semester units and two (2) years in law enforcement wifti the Redding Police Department“ Police Officer III , Step 5 : A minimum of sjx (6) years service in as: enforement, a POST intermeditate Certifi- cate* , an AA degree or sixty (60) semester- units and three years in. law enforcement with the Redding Police DeT) . (....1mca....i or a. minimum of four (4) years service in law enforcement , a POST intermediate Certifi cate* , a Baccalaureate degree or one hundred twenty (120) caries ter 'units and two ( )) years in law. enforceent with the Redding Police Department. Police Sengeant 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 aetjvity. 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 he eligibln e for promotioto , 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 'v such list 0)all be maintainod for a. period of one ( .11 year. If this addition to the Sergeant • Joh Definition is chal- lenged by either federal or state authorities or: by any employee ;,3- ,n.-- , • or citizon , the I'es,cc As::,ociation of Redding agrees to n i J.J t or). the br..‘.sis cYff sbarc; 1.;e..t 1?edd 0 pato ns ir *As established by POST on July 1 , -2/1 -