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HomeMy WebLinkAbout _ 9.15(b)--Resolutions RPMA MOU and Unrep Increase � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: December 5, 2023 FROM: Kari Kibler, Personnel ITEIVI NO. 9.15(b) Director ***APPROVED BY*** � �, i�]�r,Persc�nnel I�irectc�r ��f2�r'2t?'�� te�r� , ;� ' �:r 11=`3Q'�C}?� kkibler@cityofredding.org btippin@cityofredding.org SUBJECT: 9.15(b--Consider two Resolutions approving a successor Meinorandum of U�nderstanding and Salary Exhibits with the Redding Police Managers Association (RPMA) and approving amendments to the Executive Management Pay-For-Performance Salary Plan to address com ression in the Fire and Police de artments. Recommendation Authorize and approve the following actions: (1) Adopt Resolution approving a successor Memorandum of Unders�anding and salary exhibits with the Redding Police Managers Association (RPMA) for a three-year term beginning December 6, 2023, and ending December 5, 2026; and approving amendments to the RPMA Schedule of Salary Ranges effective December 10,2023; and (2) Adopt Resolution approving amendments to the Executive Management Pay-For- Performance Salary Plan (Unrepresented) providing salary range adjustments for unrepresented managers in the Redding Police and Fire Departments due to compression with subordinate classifications; and authorizing salary increases for the employees in those classifications, effective December 10, 2023. Fiscal Impact The proposed modifications ta the RPMA Memorandum of Understanding (MOU) result in additional costs of approximately $438,000 per year upon fu11 implementation. If approved, salary increases of seven percent—December 10, 2023; 2.5 percent—December 8, 2024; and 2.5 percent — December 7, 2025, which cost approximately $544,000 per year after fu11 implementation. These increases are offset by two concessions. First, the employee share of group health insurance costs wi11 increase by five percent effective January 2024, resulting in approximate savings of $25,000 annually. The second concession requires employees to pay 50 percent of Normal Cost of the California Public Employees Retirement System (CaIPERS), which includes an additional 1.87% percent for Tier 1 employees and an additional 1.61 percent for Tier 2 employees, resulting in an annual savings of approximately $80,000. Combined, the City wi11 realize savings of approximately $11 million over ten years (roughly $265,000 during the term of the agreement). Report to Redding City Council November 30,2023 Re: 9.15(b)--Resolutions RPMA MOU and Unrep Increase Page 2 The amended RPMA MOU total estimated cost (wage adjustments net of concessions) over the three-year term is approximately$814,000, which is entirely funded by the General Fund. The proposed modifications to salaries for the Police Chief, Fire Chief, and Deputy Fire Chief positions result in additional costs of approximately $51,000 per year upon full implementation. These costs are entirely funded by the General Fund. Alternative Action The City Council (Council) could decline to approve the MOU and salary exhibits, thereby returning the City of Redding's (City) labor negotiation team to the bargaining table to continue the bargaining process with RPIVIA. Further, the Council could choose not to approve the resolution amending the Executive Management Pay-For-Performance Salary P1an for Unrepresented Employees, and provide additional direction to staff. Background/flnalysis The current RPMA MOU expired on November 30, 2023. Following comprehensive negotiations, RPMA ratified the proposal package on November 22, 2023. The proposed MOU would be effective December 6, 2023 through December 5, 2026. A complete MOU, amended as proposed, is available online. Major revisions of the proposal package include: Term and Wages Salary adjustments over the three-year term are as follows: • Effective December 10, 2023, salaries will be increased seven percent; • Effective December 8, 2024, salaries will be increased 2.5 percent; and • Effective December 7, 2025, salaries will be increased 2.5 percent, The recent contract with the Redding Peace Officers Association (RPOA) included wage increases, which are now compressing with RPMA positions. The recommended increases promote proper position relationships and succession planning within the Police Department, and also recognize the additional responsibility and knowledge associated with managing multiple specialty divisions. Benefit Modifications Group Health ProgNam • Effective Calendar Year 2024, the employee contribution to the City's Group Health Insurance Base Plan will increase from 15 to 20 percent of monthly premium rate; and Report to Redding City Council November 30,2023 Re: 9.15(b)--Resolutions RPMA MOU and Unrep Increase Page 3 Retirement Change.r • Effective as soon as administratively feasible that the contract with Ca1PERS can be amended, RPMA Classic Tier 1 Ca1PERS members wi]1 begin paying an additional 1.87 percent and RPMA Classic Tier 2 CaIPERS members will begin paying an additional 1.61 percent towards the City's share of the retirement contribution towards the City's share of the retirement contribution. This equates to 50 percent of the normal cost of the retirement benefit being paid by the employees. Other • The Juneteenth holiday wi11 be observed in]ieu of the existing Columbus Day holiday. • The Grievance Procedure was amended to remove redundant steps and separate disciplinary grievances from the existing grievance procedure as well as clarify existing procedure which includes a predisciplinary meeting with the Chief of Police. • A state mandated Reproductive Loss Leave of Absence provision was added. • There were additional revisions to incorporate existing side letters as well as other non- substantive revisions. In addition to the adoption of the amended MOU and associated salary exhibits, staff recommend amendments to the Executive Management Pay-For-Performance Salary Plan (Unrepresented) providing classification-specific salary range adjustments for unrepresented managers in the Redding Police and Fire Departments. The proposed increases with RPMA as we11 as the recent increases with the Redding Fire Management Unit is causing compression with unrepresented classification in the Police and Fire Departments. Staff recommend increases to maintain proper position relationships and promote succession planning. The total increases amounts range from 6.56 percent to 15.8 percent, depending on classification, and will ensure that the staff in these positions maintain a minimum of ten percent compression above their next level subordinate. Envi�onmental Review This is not a project defined under the California Environmental Quality Act, and no further action is required. Council P�ioNity/City Manage� Goals • Budget and Financiai Management — "Achieve balanced and stable 10-year Financial Plans for all funds." Attachments ^Resolution - RPMA Successor MOU& Salary Exhibits ^Final RPMA MOU 2023-2026 ^Exhibit A-0 -RPMA Schedule of Wage Rates - Current ^Exhibit A-1 DRAFT- RPMA Schedule of Wage Rates effective December 10, 2023 ^Exhibit A-2 -RPMA Schedule of Wage Rates effective December 8, 2024 ^Exhibit A-3 -RPMA Schedule of Wage Rates effective December 7, 2025 ^Resolution - Exec Mgmt Pay for Performance Salary Plan ^ExecMgmtSalaryPlan - Current ^ExecMgmtSalaryPlan effective December 10, 2023 ^ExecMgmtSalaryPlan- effective September 1, 2024 ^Proposed Increases by Class - Exec Mgmt Final Redline RPMA MOU 2023-2026 RESOLUTION NO. 2023- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING THE SUCCESSOR MEMORANDUM OF UNDERSTANDING AND SALARY EXHIBITS BETWEEN THE CITY OF REDDING AND REDDING POLICE MANAGERS ASSOCIATION WHEREAS, Redding Police Managers Association(RPM�A)has been formally recognized as the majority representative of an appropriate unit of employees, as set forth in Section 2.1 of Article 2 of the Memorandum of Understanding between the City of Redding and RPM�A; and WHEREAS, the designated representatives of the City of Redding engaged in good faith bargaining regarding terms and conditions of employment with the designated representatives of RPMA as required by the provisions of the Nleyers-Milias-Brown Aet of 1968, resulting in the proposed Memorandum of Understanding and Salary Exhibits attached hereto; and WHEREAS, staff recommends adoption of said Memorandum of Understanding and Salary Exhibits; and WFIEREAS, the City Council deems it to be in the best interest of the City to adopt such recommendation; NOW,THEREFORE,IT IS HEREBY RESOLVED by the City Council of the City of Redding that the comprehensive Memorandum of Understanding governing the period of December 6, 2023, and ending December 5, 2026, and accompanying Salary Exhibits are hereby adopted effective December 6, 2023. I i3EREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the Sth day of December, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: , Mayor ATTEST: FORM APPROVED: SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney MEMORANDUM OF UNDERSTANDING between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING and THE DESIGNATED REPRESENTATIVES of the REDDING POLICE MANAGERS ASSOCIATION EXECUTED: January 19, 1999,to be effective July 1, 1998 AMENDED: December 4, 2001, to be effective March 31, 2002 AMENDED: May 2, 2006,to be effective March 25, 2007 AMENDED: May l, 2012,to be effective April 29,2012 AMENDED: June 7,2016,to be effective June 8,2016 AMENDED: Amended June 5, 2018, to be effective June 6, 2018 AMENDED: Amended April 20,2021,to be effective April 21, 2021 AMENDED: Amended December 5, 2023, to be effective December 6, 2023 TABLE OF CONTENTS ARTICLE1: PREAMBLE.......................................................................................................................................1 ARTICLE2: RECOGNITION.................................................................................................................................2 ARTICLE3: CITY RIGHTS...................................................................................................................................2 ARTICLE 4: ASSOCIATION RIGHTS..................................................................................................................2 ARTICLE 5: CONCERTED ACTIVITIES............................................................................................................3 ARTICLE 6: ASSOCIATION SECURITY.............................................................................................................3 ARTICLE 7: GRIEVANCE PROCEDURE............................................................................................................4 ARTICLE8: SAFETY..............................................................................................................................................5 ARTICLE 9: INDUSTRIAL DISABILITY.............................................................................................................6 ARTICLE 10: EMPLOYEE STATUS.....................................................................................................................6 ARTICLE ]1: COMPENSATION AND CLASSIFICATIONS............................................................................7 ARTICLE 12: HOURS AND OVERTIME.............................................................................................................9 ARTICLE 13: ADMINISTRATIVE LEAVE.........................................................................................................10 ARTICLE 14: SENIORITY....................................................................................................................................10 ARTICLE 15: PROMOTION AND TRANSFER................................................................................................11 ARTICLE 16: DEMOTION AND LAYOFF.......................................................................................................11 ARTICLE17: LEAVES..........................................................................................................................................12 ARTICLE18: EXPENSES.....................................................................................................................................14 ARTICLE19: SICK LEAVE.................................................................................................................................14 ARTICLE 20: FUNERAL(BEREAVEMENT)LEAVE.......................................................................................15 ARTICLE2]: HOLIDAYS.....................................................................................................................................16 ARTICLE22: VACATIONS..................................................................................................................................1'7 ARTICLE23: UNIFORMS....................................................................................................................................18 ARTICLE 24: CONTINUING EDUCATION......................................................................................................19 ARTICLE 25: MISCELLANEOUS.......................................................................................................................19 ARTICLE 26: GROUP INSURANCE...................................................................................................................20 ARTICLE 27: RETIREMENT PROGRAM.........................................................................................................23 ARTICLE28: TERM..............................................................................................................................................26 ARTICLE 29: SAVINGS PROVISION.................................................................................................................27 ARTICLE 30: EFFECT OF AGREEMENT.........................................................................................................27 ARTICLE 31: EMERGENCY PROVISION........................................................................................................2'7 ARTICLE 32: ENTIRE AGREEMENT................................................................................................................27 EXHIBIT"A"-SCHEDULE OF SALARY RANGES EXHIBIT`B"-JOB DEFINITIONS EXHIBIT"C"-REDDING POLICE DEPARTMENT SUBSTANCE ABUSE POLICY MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 19th day of January, 1999, by and between the designated representatives of the CITY OF REDDING(a public agency as defined in Section 3501(c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as the City, and the designated representatives of the REDDING POLICE MANAGERS ASSOCIATION (a recognized employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California),hereinafter referred to as Association; WITNESSETH: WHEREAS,the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, the Association and the general public may benefit therefrom, and to establish fair and equitable salaries, hours and working conditions for certain hereinafter designated employees of the City; NOW, THEREFORE,the parties hereto do agree as follows: ARTICLE 1: PREAMBLE l.l The parties acknowledge the provisions of Chapter 10 (Subsection 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, color, sex, sexual orientation, citizenship status, marital status, ethnicity, age (for people 40 and older), religion, gender identity, gender expression, genetic information, national origin and ancest�y, political affiliation, creed, military or veteran status, physical disability, mental disability, medical condition or any other characteristic protected by state or federal law. 1.3 The City is engaged in rendering services to the public and the City and the Association recognize their mutual obligation for the continuous rendition and availability of such services. 1.4 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. 1.5 The City and the Association shall cooperate in promoting harmony and efficiency among City employees. The parties have met and conferred in good faith and have reached agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes between the parties. The Association agrees that it will follow the procedures as set forth in this Memorandum of Understanding or the bargaining process required by the Meyers-Milias-Brown 1 Act and will make every effort to persuade its members to also use the established procedures, rather than to use any other method or forum such as appeals directly to the news media or the City Council for resolution of problems or disputes arising out of this Memorandum of Understanding. ARTICLE 2: RECOGNITION 2.1 The City recognizes the Association as the "Majority Representative" of all employees of the City Police Department who hold a classification listed on Exhibit "A" of this Memorandum of Understanding. The provisions of' this Memorandum of Understanding hereinafter set forth shall apply only to those employees of the City of Redding for whom the Redding Police Managers Association is the established majority representative. ARTICLE 3: CITY RIGHTS 3.1 Notwithstanding anything to the contrary, the Redding Police Managers Association recognizes and accepts the right of City of Redding management to manage the City. 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 con�rol of the management of the City; (b)the supervision of all operations, methods,processes and means of performing any and all work, the con�rol 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, classify, schedule, promote, demote, transfer, evaluate, release and lay off employees and the right to suspend, discipline and discharge employees and otherwise to maintain an orderly, effective and efficient operation; provided, however, that all of the foregoing shall be subject to the express and explicit terms and provisions of this Memorandum of Understanding. ARTICLE 4: ASSOCIATION RIGHTS 4.1 Official representatives of the Association will be permitted access to City property to confer with City employees on matters of employer-employee relations, but such representatives shall not interfere with work in progress without agreement of Management. �.2 The City and the Association will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of the employee's membership or non-membership in the Association or the employee's activity on behalf of the Association. �.3 Any employee, at the employee's request, shall be permitted representation by an Association representative on any grievance or disciplinary matter. In particular, the parties acknowledge the provisions of California Government Code Section 3300 et. seq. as it exists or may be subsequently amended by the California Legislature. 4.4 Joint Association-Management meetings shall be held as often as agreed upon by the Association and Management. The purpose of these meetings shall be to promote harmony and efficiency and to 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 2 formal negotiations between the parties. Those in attendance shall consist of the Association's Negotiating Committee and the City's Police Chief, the City's Personnel Director and such other management personnel as determined by the Personnel Director. The meetings shall be summarized in written minutes. Except that the provisions of this section shall be observed, the meetings shall be self-organizing. ARTICLE 5: CONCERTED ACTIVITIES 5.1 The duties performed by employees of the City as part of their employment pertain to and are essential to the operation of a municipality and the welfare of the public dependent thereon. During the term of this Memorandum of Understanding, employees shall not partially or totally abstain from the performance of their duties for the City during or outside of regular work hours. 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 and in consideration thereof, the City shall not cause any lockout. Those employees who do individually or collectively,partially or totally abstain from the performance of their duties for the City shall be subject to disciplinary action up to and including discharge from employment without recourse. ARTICLE 6: ASSOCIATION SECURITY 6.1 The City shall deduct from their salaries, the regular membership dues of the employees who are members of the Association and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157.3 of the Government Code of the State of California. 6.2 Deductions shall be made from the second payroll period of each month and a check for the deduction shall be submitted to the Redding Police Managers Association within five (5) working days of the date the deductions are withheld from the employee's check. Deductions may include individual insurance and benefit programs. 6.3 The Association shall notify the City of any employee who has given the Association written authorization for deduction of any Association dues or fees. The Association certifies that it shall collect and will maintain records of individual employee authorizations for deductions of said dues or fees. The Association agrees to notify the City of any changes in employee authorizations to deduct Association dues or fees. The City shall rely on the Association's certification of any dues and fees authorized by an employee and will not require the Association to provide a copy of the employee's authorization unless a dispute arises about the existence of terms of the authorization. Any inquiries by employees regarding Association dues or fees should be directed to the Association. 6.4 In the event that any provision of this article is declared by a court of competent jurisdiction to illegal or unenforceable, the parties agree that the City will cease abiding by such provisions. 3 ARTICLE 7: GRIEVANCE PROCEDURE 7.1 A grievance is any dispute which may arise between a Regular employee and the City with respect to the interpretation or application of any of the terms and conditions of this Memorandum of Understanding, except for the following matters that are excluded from the definition of a grievance: • Matters that are included in the definition of impasse as set forth in City Resolution No. 2012-091; • Establishment of employee pay schedules; and • Matters involving disciplinary actions that are subject to Article 28 (Disciplinary Appeal Procedure) of this Memorandum of Understanding. Every employee designated by the City to hear grievances shall have the authority to settle them. Step 1: The initial step in the resolution of a grievance shall be a discussion between the Grievant and the immediate Supervisor directly involved, who will answer within ten (10) calendar days. This step shall be started within thirty (30) calendar days of the date of the action complained of or the date the Grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of an employee. Step 2: If a grievance is not resolved in Step l, the next step shall be the presentation of the grievance, in writing, to the Chief of Police, who will answer, in writing, within ten (10) calendar days. This step shall be taken within ten (10) calendar days of the date of the immediate supervisor's answer to Step 1. Step 3: If a grievance is not resolved in Step 2, the next step shall be the presentation of the grievance, in writing, to the City's designated labor relations representative, who shall conduct an investigation and attempt to resolve the grievance. If no resolution of the grievance is achieved, the City's designated labor relations representative shall provide the Grievant with the City's answer to the grievance in writing. This step shall be taken within ten(10)calendar days of the date of the Chief of Police's answer to Step 2. Step�: If the grievance is not resolved in the Step 3,the next step shall be the presentation of the grievance, in writing, to the City Manager or designee, who shall answer, in writing, within ten (10) calendar days. This step shall be taken within ten (10) calendar days of the date of the answer to Step 3. Step 5: If a grievance is not resolved at Step 4 of this procedure,the next step shall be referral by the Grievant to arbitration. A request by the Grievant to proceed to arbitration shall be submitted to the City Manager within twenty(20) calendar days of the date of the answer at Step 4. After a request for arbitration is made in a timely fashion by the Grievant, the parties may mutually agree to stay the arbitration proceedings at any point in time to refer the matter to mediation through the California State Mediation and Conciliation Service (SMCS). 4 (a) An Arbitrator shall be appointed on each occasion that a grievance is submitted to arbi�ration. The arbitrator shall be chosen by mutual agreement of the City and Grievant. In the event that City and the Grievant or their representatives are unable to agree on the selection of an Arbi�rator within five (5) calendar days of the City's receipt of a request by the Grievant to submit a grievance to arbitration, the City will solicit a list of five (5) arbi�rators from SMCS. The City and the Grievant or their representative 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 the Arbitrator and their compensation and expenses shall be borne equally by the City and the Grievant. Notwithstanding the foregoing, the City and the Grievant may, by mutual consent, agree on a single arbitrator to hear grievances, on the same cost-sharing basis. The City and the Grievant shall pay the compensation and expenses of their respective witnesses. At the Grievant's or their representative's request, the City shall release employees from duty to participate in arbitration proceedings. (b) The Arbitrator shall hold such hearings and shall consider such evidence as to the Arbitrator appears necessary and proper. The decision of the Arbitrator shall be final and binding on City and the Grievant, provided that such decision does not in any way add to, disregard or modify any of the provisions of City policies, resolutions or ordinances. 7.2 Failure by the Grievant to meet any of the aforementioned time limits as set forth in Steps l, 2, 3, 4, and 5 will result in forfeiture of the grievance. If the City fails to answer a grievance on a timely basis, the grievance may be advanced to the next step. Except, however,that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of City policies, practices, resolutions or ordinances, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 73 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 intervention of the Association, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding, and further, provided that the Association shall be given an opportunity to be present at such adjustment. The Association shall not be liable for any costs of arbitration for any grievance that they are not representing the individual. Such costs shall be borne by the individual grievant. ARTICLE 8: SAFETY 8.1 The City 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 ARTICLE 9: INDUSTRIAL DISABILITY 9.1 An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee's ability to perform, pursuant to the City's Modified Duty Policy. 9.2 If a third party is found to be responsible for the employee's industrial injury and the employee recovers a judgment in damages from said third party, then all supplemental benefits received not already repaid from the other sources shall be repaid to the City by the employee. 93 Vacation and sick leave shall accrue while an employee is absent from work and receiving the supplemental benefits as set forth in Section �850 of the Labor Code of the State of California. Regular employees while receiving Workers' Compensation temporary disability benefits, may, at their option, maintain their group health and welfare insurance coverage for up to a maximum of a cumulative total of five (5) years, which includes one (1) year of 4850 paid time, providing the employee pays his or her share of the monthly premium to the City of Redding City Treasurer on or before the first day of the month for which the premium is intended. ARTICLE 10: EMPLOYEE STATUS 10.1 Employees will be designated as Regular or Temporary, depending upon the purpose for which they are hired and their length of continuous service with the City. 10.2 A Regular employee (Status 3) 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 Regular 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, health and welfare insurance coverage as the employee becomes eligible. 10.3 A Temporary employee (Status 9) is de�ned as an employee hired for temporary, occasional or seasonal work for a period not to exceed 1,000 hours in a fiscal year. A Temporary em�ployee shall receive not less than the minimum rate for the job,but shall not be eligible for sick leave pay,holiday pay, vacation pay, or items of a similar nature, nor shall the employee be eligible for health and welfare insurance coverage or retirement plan participation, nor shall the employee accrue seniority, or promotion and transfer rights, or leave of absence rights. If a Temporary employee moves to another status, the employee shall not be credited with the employee's service as a Temporary employee in determining eligibility for benefits. 10.4 Probationary Periods: Regular employees sha11 serve a probationary period of one (1) year upon initial appointment to each status. Such probationary period is considered to be a continuation of the selection process and employees may be terminated from employment or demoted without recourse, pursuant to the grievance procedure. An employee's probationary period shall be extended by the duration of any paid or unpaid absence of two (2) or more consecutive pay periods. Probationary employees shall be evaluated after six (6) months of service and as often as determined by the employee's Supervisor. The probationary period will start over for any employee who transfers to another position during the probationary period. The probationary period may be extended in circumstances where further evaluation of the employee is 6 necessary. Temporary employees do not serve a probationary period, as the appointment is temporary by definition and can be ternlinated at any time. 10.5 Re-employment: With the recommendation of the Chief of Police and approval of the Personnel Director, a past employee who both passed the probationary period and resigned in good standing may be re-employed within two (2) years of the effective date of resignation, to a vacant position in the same classification. Such re-employment shall, for all purposes, be considered as though it were an original appointment. The reinstated employee shall serve a new probationary period. ARTICLE 11: COMPENSATION AND CLASSIFICATIONS 11.1 Consistent with principles of public accountability, employees shall be paid the salary established for their classification. Attached hereto and made a part hereof is Exhibit "A" titled"Schedule of Salary Ranges". Upon initial appointment to a classification, an employee shall normally be paid the lowest salary rate for that classification. An employee may, however, be paid a salary rate above the lowest salary rate if circumstances justify it. When an employee is appointed to a higher paid classification, the employee shall be paid at the salary rate of the classification to which the employee is being appointed, which is at least five percent (5%) more than the employee's present salary rate, but not more than the top salary rate of the classification to which the employee is appointed. 11.2 The effective date of any salary rate shall be the first day of the pay period closest to the anniversary of an employee's employment date, following qualification for the new rate. Effective April 21, 2021, any future promotion or change in assignment to a higher paid classification pursuant to Section 15.1, does not change the anniversary date for Compensation increases. A full pay period as used herein is defined as one in which the employee works or is paid for at least half of the regularly scheduled work hours. 11.3 Salaries shall be paid at bi-weekly intervals by direct deposit on Thursdays at the end of the employee's work period after 12:00 noon for a pay period ending no earlier than the preceding Saturday. If a payday falls on a fixed holiday, payments shall be made on the preceding workday. 11.4 When an employee is temporarily assigned to work in a lower-paid classification than the employee's normal classification, the employee's salary will not be reduced. 11.5 Whenever a Regular employee temporarily is assigned by the City to replace an absent employee in a higher-paid classification and the employee performs a substantial majority (greater than fifty percent (50%)) of the absent employee's duties for a full work day, such employee shall have their salary rate increased by five percent (5%), but not to exceed the range of the higher class. Approval is required by the Chief of Police. 11.6 When an employee covered by the provisions of this agreement is temporarily assigned to and performs all of the d�uties of a vacant position in a higher classification for a period that extends beyond one full pay period, and whose salary range is at least five (5%) percent higher than the range of the employee's regular classification, that employee shall be � compensated at the lowest step in the higher classification that provides an increase to the assigned employee of at least five (5%)percent. Chief of Police and Personnel Director approvals are required. 11.7 Shift differential shall be paid as follows: SHIFT PAY PERCENTAGE Graveyard 5% Swings 3.5% 11.8 POST and educational incentives shall be paid to those employees who qualify as follows, with a 12.5% incentive pay cap far both POST/educational incentives in this section and Bilingual pay incentives in Section 11.11 below (not including the $130 education incentive pay), and be included in the regular rate of pay: PAY REQLTIREMENTS 2.5�/o Plus$130*��� �� Associate of Arts or Science degree,or sixry(60)semester units,or a POST ' Intermediate Certificate. 5.0%Plus$130�� '�� POST Advanced Certificate. 2.5%PIus$130*�� Bachelor of Arts or Science degree. 2.5%Plus$130'���� '� Master's degree,POST Command College or FBI National Academy. The annual additional educational incentive shall be $130 to be paid in equally divided installments with the City's regular bi-weekly payroll processing. The additional education incentive will be added to any one (1) educational incentive pay. 11.9 The City Manager may, based upon outstanding job performance, grant an exempt employee a one-time salary increase up to ten percent(10%) above the top of the salary range for a period not to exceed one (1) year. This one time increase is not cumulative and the employee would revert to the employee's regular salary rate at the end of the one year period. 11.10 The parties agree to meet and discuss compensation during the term of this agreement should the top of the salary range differential between Police Corporal and Police Sergeant increase or decrease by more than 3.5 % at the expiration of either this agreement or the expiration of any MOU between the City and the Redding Peace Officers Association during the term of this agreement. 1111 Bilingual pay shall be paid to qualified employees who have been designated by the Chief of Police, or designee, to utilize bilingual skills (including sign language) as follows and be included in the regular rate of pay: PAY REQUIREMENTS 2.5% Proficient 5.0% Fluent The Redding Police Department will designate the languages recognized as eligible for the 8 incentive pay and will develop revised testing processes. The Chief of Police will determine the number of employees at the "fluent"level. 11.12 Temporary upgrade pay in the amount of five percent (5%) over base pay shall be paid to those Sergeants and Lieutenants assigned by the Chief of Police, via a Personnel Order, for the time spent actually performing designated specialty assignment functions. Examples of these assignments include the following: crowd control, defensive tactics, bomb disposal, field evidence, field training officer, hostage negotiator, honor guard, range master, SWAT, armorer, certified department instructor, i.e., first aid, force options, TASER, Unmanned Aerial Vehicle (UAV), etc. Assignments not mentioned above shall require the advance approval of the Personnel Director. ARTICLE 12: HOURS AND OVERTIME 12.1 All Regular employees will receive full time employment for each workweek employed,provided they report for duty and are capable of performing their work. This is not to be interpreted that the City does not retain the right to lay off or release employees on account of'lack of work or other valid reason at the end of the workweek. 12.2 A workweek is defined to consist of seven(7) consecutive calendar days, Sunday through Saturday, and employees will be assigned work schedules consistent with department needs, which include the following work schedules: • Eight(8)hour shifts, which constitute five 8-hour workdays in a 7-day work period • Ten (10)hour shifts, which constitute four 10-hour workdays in a 7-day work period; and • Twelve and a half(12.5)hour shifts, which constitute six 12.5-hour workdays in a 1�-day work period with an additional 10-hour shift every other 14-day work period. Police Sergeants assigned to Field Operations shall select watch and days off by seniority, which, for this purpose, shall be defined as time in grade with the Police Department. The basic workweek may begin on any day of the week or at any hour of the day during the workweek. Shift employees may be assigned any hour and/or days of work. The basic workweek indicated above may be modified by mutual agreement of the City and the affected employee(s) in those situations where such a modification serves the interest of both the City and its employees. 12.3 Exempt employees, who as a result of their exempt status are not eligible for overtime pay or compensatory time off, will not have their leave balances (vacation, sick leave, etc.)reduced for absences of less than four hours. Direct supervisor approval is required. 12.� Overtime and Regular Rate of Pay 9 (a) Overtime. Exempt employees shall not receive any compensation for overtime work, except for employees who are eligible to receive one and one-half(1%z) times their regular pay when assigned to perform service on a non-work day or beyond normal work hours. The foregoing provision shall only apply when such service is eligible for reimbursement through the State of California or the Federal government, regardless of the actual amount reimbursed to the City, if any.—This provision shall also apply to hours worked on programs that are pre-approved for funding through a State or Federal grant if a supervisor's service is required by the grant or by police management. In either case, police management must approve the overtime prior to the employee being eligible for the overtime. (b) Regular Rate of PaX. Items included in determining the regular rate of pay for purposes of calculating overtime, retirement and other regular pay calculations (i.e. holiday pay) shall include the pay rate as established in the pay range by the employee's classification, education incentive pay, bilingual pay incentive, and shift differential pay, as applicable to each individual employee covered under this MOU. ARTICLE 13: ADMINISTRATIVE LEAVE 13.1 In recognition of the inapplicability of additional compensation, specifically overtime and compensatory time off, exempt employees may be eligible for up to forty (40) hours paid administrative leave per calendar year with Chief of Police approval and up to eighty (80) hours paid administrative leave per calendar year with City Manager approval. Administrative leave is granted on the payroll period closest to January 1 and must be used by the end of the last pay period in December of each year or time is forfeited without compensation. Employees are to schedule administrative leave in the same manner as vacation with the approval of the Chief of Police. Employees appointed to an exempt position after the first of the year may be granted leave on a prorated basis. Administrative leave balances may be adjusted when employees separate employment prior to the end of the calendar year. For Sergeants assigned to Investigations and Traffic only, up to one hundred (100) hours may be granted per year upon the recommendation of the Chief of Police, and will be subject to City Manager approval. Such recommendations and approval will be based on demonstrable and extraordinary workload changes d�ue to the unique nature of'these assignments. ARTICLE 14: SENIORITY 14.1 Seniority is defined as total length of continuous service with the City. In determining an employee's seniority, the continuity of this service will be deemed to be broken by termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff, (4) failure to return immediately on the expiration of a leave of absence or acceptance of other full time employment while on leave, and (5) unexcused absence without pay, without a leave of absence. 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 d�uty with the National G�uard, (c) absent due to industrial injury, or(d) 10 on leave of absence. Seniority, as defined in this section, does not apply to preference for shift scheduling or vacation scheduling. ARTICLE 15: PROMOTION AND TRANSFER 15.1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City. 15.2 Promotional appointments will be probationary for one (1) full year. If the probationary period is not successfully completed, the employee shall be returned to the classification from which they were promoted; provided, however, that such return rights do not apply to an employee who was discharged for cause while serving a probationary period. ARTICLE 16: DEMOTION AND LAYOFF 16.1 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 Temporary employees are to be laid off, no notice of layoff need be given. Within each classification, all employees, other than Regular employees, shall be laid off prior to Regular employees being laid off. Employees serving an initial probationary period will be laid off prior to employees who have completed such period. Regular employees shall be laid off in the reverse order of seniority in the classification with the least senior employee being laid off first. Whenever two or more Regular employees in the same class have the same amount of class seniority, ties will be broken by giving greater preference to the employee with greater department seniority. If the tie is still unresolved, the tie shall be broken by giving greater preference to the employee with greater City seniority. If the tie is still unresolved, the tie shall be broken by lot. 16.2 An employee who has been laid off may elect to displace an employee in a lower paid class in the bargaining unit provided the employee has greater combined seniority than the employee to be displaced, calculated by adding seniority in the laid-off class to seniority in the lower-paid class. Whenever an employee demotes to a lower-paid class, the employee shall be placed within the salary range for the new class and closest to the employee's previous salary rate. 16.3 Laid-off employees shall be kept on a reemployment list for a period of two (2) years from the date of layoff, and shall have preferential rehire rights to the class from which the employee was laid off in the reverse order of layoff. Whenever it becomes necessary for the City to notify a laid-off-employee of a reemployment opportunity, the City shall do so by use of registered mail to the employee's last known address as supplied by the employee. Reemployment shall be based upon the laid-off employee's ability to meet current employment standards. If an employee does not accept reemployment, the employee's name shall be removed from the reemployment list and the employee shall no longer have reemployment rights. If a laid-off employee is subsequently re-hired off a reemployment list into a classification covered under the terms of this Memorandum of Understanding, the employee's unpaid sick leave balance, original hire date, and vacation accrual rate will be reinstated. 11 16.4 Sworn departmental management classifications may demote into the Redding Peace Officers Association bargaining unit. 16.5 In the event of potential layoffs, discussions will occur outside of the meet and confer process as to early retirement options that may be available. ARTICLE 17: LEAVES 17.1 A leave of absence may be granted to employees by the City Manager for urgent and substantial reasons,up to a maximum of one year,providing satisfactory arrangements can be made to perform the employee's duties without undue interference with the normal routine of work. Employees in an initial probationary period or Temporary status are not eligible for leave of absence. 17.1(a) A leave 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. 171(b) All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employ- ment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. An employee is required to submit medical certifications as to the conditions necessitating the leave if the leave is a result of exhaustion of sick leave. If the leave should exceed the initial request, the employee is responsible for requesting additional time off and providing current medical certifications and return to work dates. Inability to return to work after an employee's sick leave has been exhausted will be considered with state and federal disability accommodation and leave of absence laws in determining whether to grant the leave of absence. Upon an employee's return to work after a leave of absence, the employee will be reinstated to the employee's former position and working conditions, providing that the employee is capable of performing the duties of the employee's former position, except that if there has been a reduction of forces or the employee's position has been eliminated during said leave, the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence. 1'7.1(c) An employee's status as a Regular employee will not be impaired by a leave of absence and the employee's seniority will accrue. 171(d) If an employee fails to return immediately on the expiration of the employee's leave of absence or if the employee accepts other employment without prior City approval while on leave, the employee will thereby forfeit the leave of absence and employment with the City may be terminated. 1'7.1(e) An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group health and welfare insurance coverage. An employee may, if eligible, maintain group health and welfare insurance coverage at the employee's expense providing the full monthly premium is received by the City Treasurer before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of 12 absence is as a result of exhaustion of sick leave benefits an employee's group health and welfare insurance may be maintained for up to three (3) calendar months in one twelve month period on the normal premium-sharing formula, providing the employee pays the employee's share of the premium on a timely basis. 17.2 Family and medical leave for employees shall be administered in accordance with the provisions of the Federal Family and Medical Leave Act(FMLA), 29 USC Section 2601 et seq., and the provisions of the California Family Rights Act (CFRA), Code of Regulations, Title 2, Division 4, Section 7297.0 et seq., as may be amended from time to time. 17.3 Pregnancy Disability Leave shall be administered in accordance with the provisions of California Code of Regulations, Title 2,Division�, Section 7291.2 et seq. 17.� Reproductive Loss Leave of Absences: Employees who are absent from work due to a reproductive loss event are eligible for up to five(5)days of protected leave per event, subject to a maximum of twenty (20) days in a 12-month period. "Reproductive loss event" is defined as "the day or, for multiple day events, the final day, of a failed adoption, failed surrogacy or unsuccessful assisted reproduction." The reproductive loss leave is unpaid; however, employees may use available accrued paid leave such as vacation, sick time, deferred time off, compensatory time off, etc. The reproductive loss leave must be taken within three (3) months of the reproductive loss event,but the leave days do not need to be consecutive. 17.5 Vacation Donation Program: (A) This program has been established to allow employees to donate accrued vacation hours to an eligible employee in need. The purpose of this program is to provide a means by which the eligible employee may obtain authorized paid time off. Employees eligible for the program must: • Be a Regular employee already having completed an initial probationary period; • Have a verifiable long-term illness or injury (non-work related). For this program, long term is defined as no less than four (4) weeks in duration. It is the employee's responsibility to complete and return a Request for ponation form to the Personnel Department and attach to it a letter from a licensed physician certifying that the employee has a long-term illness or disabling injury of at least a four-week duration; • Have exhausted all accrued leaves, including advanced sick leave benefits, resulting in the employee being in an unpaid status if on approved leave; • The employee is not eligible for long-term disability insurance benefits; • Have the concurrence of the Chief of Police and Personnel Director. (B) Once an employee is determined eligible, a posting will be dis�ributed and use of the donated hours will start as soon as possible. (C) When utilizing the donation program, recipients shall receive their regular rate of pay, as if being on paid leave status. The benefit shall be payable on regularly scheduled paydays. A minimum of twenty (20) hours per week must be utilized when there are available balances. As 13 with paid leave status, recipients shall continue to be eligible to participate in the group health and welfare benefits provided by the City. ARTICLE 18: EXPENSES 18.1 Reimbursement for expenses incurred while conducting City business, i.e., traveling to authorized meetings, seminars, training sessions, luncheons and other events approved by the Chief of Police shall be in accordance with the provisions established in the City Council resolution fbr Unrepresented employees. 18.2 The City shall pay the reasonable cost of repair or a prorated replacement of uniforms, glasses, watches or other personal property up to three hundred dollars ($300.00) damaged in the course of employment. Personal property will be limited to items reasonably necessary for the employee to have while on duty to perform their job function. This provision does not apply to items lost or damaged as a result of negligence of the employee. ARTICLE 19: SICK LEAVE 19.1 Sick leave with pay shall be accumulated for each Regular 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, or 3.68 hours�er�ay period.) 19.2 Sick leave shall be allowed for a non-work related absence due to: � ��, The inability of an employee to be present or perform his or her duties because of personal physical or mental iliness, off duty injury or confinement for medical treatment $ The ability to attend personal medical or dental appointments, which are impractical to schedule outside of regular working hours. � The need to be present during childbirth, surgery, critical illness or injury involving C members of the immediate family as defined in 20.1, for up to forty (40) hours per incident. � �, For family sick leave up to forty-eight (48) hours per calendar year for members of the �� immediate family as defined in 20.1. No person will be paid both sick leave and industrial injury leave pursuant to Labor Code Section 4850 on the same day; however, in cases of claimed industrial injuries where the City or its insurer is denying liability, accumulated sick leave may be used. 19.3 Management may require satisfactory evidence of sickness or disability, if an attendance problem has been identified as defined in the City's Discipline Policy, 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 at City expense by a physician or physicians approved by City for the purpose of determining that such employee is fit and able to perform the duties of the employee's former position without hazard to the employee, fellow employees, or the employee's own permanent health. 14 19.4 In the event an employee exhausts all paid leave as a result of an illness or injury, and subject to the approval of the Chief of Police and Personnel Director, such employee may be ad�anced sick leave from the employee's future accruals up to 80 hours. Once the employee returns to duty, sick leave accrual hours will be applied to the negative sick leave account until it is zero. Should the employee terminate City employment with a negative sick leave balance appropriate adjustments would be made to final paid leave cash pay-outs or other City monies owed the employee. If insufficient funds are due to the employee by the City,the employee shall directly reimburse the City for advanced sick leave in excess of the funds, if any,previously withheld. Such direct reimbursement will be waived for employees who are terminally ill or totally disabled (100%). 19.5 Any employee who after ten (10)years but less than fifteen (15)years of continuous service to the City terminates employment shall be paid at the employee's regular pay rate for thirty-three and one-third percent(33 1/3%%) of the employee's accumulated sick leave hours. For employees with fif'teen (15)years but less than twenty(20)years of service, the percentage set forth above shall be increased to forty-five percent(45%). For employees with twenty(20)years or more service,the percentage set forth above shall be increased to sixty percent(60%). 19.6 Effective January l, 2011, upon retirement, any sick leave pay out the employee is eligible to receive will be transferred into the VantageCare Retirement Health Savings Plan on a pre-tax basis. The sick leave pay out amount will be calculated using the percentage levels described in Section 19.�5 above. However, if the sick leave payout is less than $5,000, then the employee is not entitled to participate in the VantageCare Retirement Health Savings Plan and shall receive a cash payout as described in Section 19.65 above. Any sick leave amount remaining will be used as service credit toward the employee's retirement benefit through CalPERS, pursuant to the contract between the City of Redding and Ca1PERS. ARTICLE 20: BEREAVEMENT LEAVE 20.1 Regular 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 or registered domestic partner, children (including miscarriages and stillbirths), grandchildren, brothers, sisters, parents, or grandparents of either employee or spouse or other persons who are living in the employee's immediate household. The relationships included herein shall apply whether by blood or marriage. Employees are allowed to take up to five (5) total work days d�ue to the death of the employee's "immediate family" in accordance with Government Code section 12945.7. Employees who have exhausted their allowance of paid leave as provided in this section may request to utilize sick leave, vacation or compensatory time off or unpaid leave if the employee wants to take additional time off up to the five (5) total work days of leave provided. Such bereavement leave for immediate family as provided in this section need not be taken in consecutive days, but must be used up within three (3) months of the date of the death of the immediate family member. 20.2 Regular employees who are absent from work to attend the funeral of a person other than an immediate family member, who has some reasonable association to the employee (i.e., friend or acquaintance), shall receive compensation at the regular rate of pay for the time necessary 15 to be absent from work, but not to exceed one (1) regularly scheduled work day. A maximum of twenty-four(24)hours may be utilized for this type of leave in a calendar year. 20.3 An employee must be in a paid status on both scheduled workdays immediately adjacent to bereavement leave in order to receive pay for such leave. ARTICLE 21: HOLIDAYS 21.1 The first pay period of December of each year, Regular employees shall be credited with one hundred and ten (110) hours of accrued Holiday Bank hours intended to account for the following eleven holidays: H O L I D A Y S � ! December 25th B ���� January 1 st � ; The third Monday in January, known as Martin Luther King, Jr. Day C7 ' Lincoln Day E The third Monday in February, known as President's Day � The last Monday in May, known as Memorial Day � June 19, known as Juneteenth N '� July 4th I ' First Monday in September, known as Labor Day J ' November 11 th, known as Veteran's Day I� Thanksgiving An employee can use such Holiday Bank hours for scheduled leave during the calendar year on an hour-for-hour basis and scheduled as vacations are normally scheduled. Any unused Holiday Bank hours as of'the last pay period ending in November will be paid to the employee the week following the first payday in December and will be reported as Holiday Pay special compensation in accordance with Ca1PERS regulations. Upon approval of this Agreement by the City Council on April 20, 2021, a prorated amount of Holiday Bank hours to account for each holiday listed above that has not yet occurred will be provided in the first full pay period following the City Council's approval. For any Regular employee hired during the 12-month period of the holidays referenced above, a prorated amount of Holiday Bank hours to account for each holiday listed above that has not yet occurred will be provided in the first full pay period following the date of hire. For any Regular employee who separates from their employment, the amount of Holiday Bank hours to account for each holiday listed above that has not yet occurred will be deducted from the Holiday Bank and any remaining amount will be cashed out. In the event that the full amount to be deducted from the Holiday Bank is not available, such Regular employee will be obligated to pay the difference to the City. 16 The above-referenced Holiday Bank is separate from and does not include any other unused holiday leave previously accrued by a Regular Employee prior to April 20, 2021, or for holiday leave accrued while working on a holiday as provided below in Section 21.2. 21.2 Regular employees may be scheduled to work on the holidays listed above in Section 21.1. Employees will be compensated at the regular rate of pay for all time worked on such days, and provided deferred holiday leave at a rate of one-half(1/2)hour for each hour worked(up to six hours deferred). Such deferred holiday leave hours are separate from the Holiday Bank referenced above in Section 21.1, and will be accrued with any such unused holiday leave previously accrued prior to April 20, 2021. These separate holiday leave accruals can be maintained by the Regular Employee to be used or otherwise cashed out at separation of employment. 21.3 In addition to the holidays listed above, a Regular employee may take leave with pay on his or her birthday or anytime during the pay period in which the birthday occurs, or the birthday may be deferred and scheduled as vacations are normally scheduled. When an employee works on their birthday, the employee shall receive pay at the regular rate of pay for their shift in the same manner as any other regularly scheduled work shift. Employees must be in a paid status on both scheduled workdays immediately adjacent to the day taken as a birthday holiday in order to receive pay for the holiday. Birthday holiday pay is not considered reportable special compensation and will not be reported to CaIPERS. ARTICLE 22: VACATIONS 221(a) Regular employees shall accrue vacations,based on the length of their continuous service measured from their date of employment, with pay up to a maximum of 500 hours, for each regular hour worked, or on paid leave, as follows: ACCRUAL THROUGH ` YEARSOF RATE PER ' ' FR�M PAY PER10D APPROXIMATE ��RVICE ! HOUR AGCRCTAL RATE A .039 Date of Em ]o ent ]04th 2 weeks 1-4 B � .058 lOSte 234`�' 3 weeks After 4 C `� .068 235th 364�' 3 �/z weeks After 9 b � .077 365t" �94`�' 4 weeks After 14 � .087 495th 624�' 4'/z weeks After ]9 �' `� .096 625te -- 5 weeks After 24 22.1(b) A full pay period as used herein is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours. 22.1(c) The City Manager may authorize the accrual of vacation for a new Regular employee at a rate that exceeds the rate prescribed for the employee's actual years of service. 22.1(d) In the event of departmental cancellation of a previously scheduled vacation ar of a paid leave of absence due to industrial injury where such employee would exceed the maximum 17 vacation accrual, the accumulation of vacation hours may exceed the established vacation maximum. In the event of an absence due to an illness or injury that is not job related, the Personnel Director may approve the accumulation of vacation hours in excess of the established vacation maximum. The City Manager may also approve the accumulation of vacation hours in excess of the stated maximum for other extenuating circumstances. Whenever such excess accruals occur, the employee shall have one year from the date the vacation was canceled or from the date the employee returns to work from illness or injury to utilize the excess accrual. 22.2 It is City policy that employees take their normal vacation each year at such time or times as may be approved by the Department. 22.3 Vacation cannot be accrued while an employee is in a non-pay status. 22.�L Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided, however, that if the senior employee splits the employee's vacation by requesting less than a full year's allowance to be scheduled on consecutive workdays, the employee's preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration in the selection of their first choice vacation period. Seniority, for the purpose of this Article, shall be defined as time in grade with the Police Department. 22.5 The City shall not require an employee to take vacation in lieu of sick leave or leave of absence on account of illness. 22.6 Employees whose employment with the City is terminated for any reason shall, at the time of separation,receive pay for any unused vacation hours previously earned. 22.7 The City will, at the employee's option, compensate employees for accumulated vacation during any fiscal year as follows: ' __MINIMUM ACCRUAL MAXIMUM HOURS PAYABLE -- -- --. __ _-----___- - - _ ___ __-----_-__ ----- ------ ------ ------- - --- 120 40 --- - -240-- -------- --- - ---- - -- ----- ---g�-- --- - - -- - ___ _______---__ ____ _____ ____ -------------- 360 120 22.8 Employees may contribute their vacation hours to an employee approved for the vacation donation program. Vacation credits are donated and granted on the basis of the dollar value of the vacation credits. See Section regarding Leaves. ARTICLE 23: UNIFORMS 23.1 The annual uniform allowance shall be $1,300 and will be paid in equally divided installments on a bi-weekly basis with the City's regular payroll processing. Employees will be responsible for maintaining their vest carrier requirements as part of the annual uniform allowance. Newly hired employees upon initial appointment will receive the full amount indicated above in the paycheck of their first pay period upon hire and are responsible for purchasing all of the necessary uniforms for the position. In July following the new employee's hire date, regardless of time with 18 the Police Department, the employee will begin receiving bi-weekly installments with the regular payroll. 23.2 The City retains the right to change uniform standards that would come under the uniform allowance, as long as such change does not result in increased out-of-pocket costs to the employee. 23.3 All employees are required to possess a Class A dress jacket to wear at ceremonial functions or at other times deemed appropriate by the Chief of Police. ARTICLE 24: CONTINUING EDUCATION 24.1 Eligible City of Redding employees who complete authorized courses taken for credit with a passing grade may,upon application,be reimbursed for the tuition and cost of required textbooks. 24.2 Full-time Police Sworn employees who complete authorized courses taken for credit with a passing grade may, upon application, be reimbursed for the tuition and cost of required textbooks, and materials including but not limited to computer software, calculators,videos,but not to include incidentals such as paper,pens and pencils. Employees must obtain prior approval from the Chief of Police and the Personnel Director. Reimbursement shall be limited to four hundred dollars ($400.00)per course(semester/quarter). ARTICLE 25: MISCELLANEOUS 25.1 A Regular employee who is summoned for jury duty and is thus unable to perform the employee's regular duties will be paid for the time lost at the employee's regular rate of pay. 25.2 Any employee, at the employee's request, shall be permitted to review the employee's own personnel file. The file may not, however, be removed from the Personnel Department. 25.3 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 response to any adverse comment entered in the employee's personnel file. Such written response shall be attached to, and shall accompany, the adverse comment." 25.�L Employee home addresses and telephone numbers will not be released to anyone other than authorized City personnel without the permission of the employee. 25.5 Whenever any employee is subpoenaed to testify in court as a result of the employee's employment and the employee is not an opposing party to the City, the employee shall be paid for all regular time lost. Employees subpoenaed by the Court for matters unrelated to City business must utilize vacation or appropriate leave balances. 25.6 Employees shall be subject to the provisions of the Substance Abuse Policy established for the members of the Redding Peace Officers Association, as well as any other City 19 policies regarding drugs and alcohol. 25.7 The City and Association have agreed to allow two Level III Police Reserve Officers to be assigned as Tactical Medics to the Department's SWAT team. The parties agree that the use of a Level III Police Reserve Officer in any other capacity will require both parties to participate and approve of the arrangement through the meet and agree process. 25.8 Upon the City Council approval of this successor MOU, the City and Association will meet and discuss establishing a fitness program and annual wellness check at dates and times to be agreed upon by both parties. 25.9 Upon the City Council approval of this successor MOU, the City and Association will meet and discuss potential amendments to the performance appraisal form for Employees. ARTICLE 26: GROUP HEALTH AND WELFARE BENEFIT PROGRAM 26.1 Regular employees are eligible to participate in a group health and welfare insurance bene�t program, which includes the medical, prescription, dental, vision, life and long term disability insurance plans, effective the first day of employment. The City shall pay the cost of the program for both employees and dependents as indicated below: (A) Life Insurance: Twice annual salary for employee, $3,000 for employee's dependents. More specific information is provided in the carrier's booklet. The City will pay the full cost of the premiums. (B) I-Iealth Benefits: The City offers two health plans, a `Base Plan" and an optional "Premium Plan". All eligible employees will be enrolled in the `Base Plan" and will have the option on a voluntary basis to enroll in the "Premium Plan" initially, and during the open enrollment period for each subsequent calendar year. Eligible employees that fail to complete the annual open enrollment will automatically be placed in the group health insurance plan they were enrolled in the previous year. Changes will be effective at the beginning of the following calendar year. The City's contribution toward the monthly group health and welfare insurance composite premium rate for the `Base Plan" shall be eighty-five percent (85%) and the employee will pay fifteen percent (15%) of the premium rate through a bi-weekly payroll deduction. Employees electing to enroll in the "Premium Plan" will be responsible for premiums beyond the City's contribution of 85% of the `Base Plan" composite rate. A Section 125 Plan has been established to redirect the portion of the employee's salary to pay, on a pre-tax basis, the employee's contribution toward the medical,prescription, dental and vision insurance composite premium rate. Effective Calendar Year 2024, all employees participating in the Group FIealth and Welfare Insurance Plan will pay twenty percent (20%) co-share of premium. The City's contribution toward the monthly group health and welfare insurance composite premium rate for the `Base Plan" shall be eighty percent (80%). Employees electing to enroll in the `Buy Up Plan"will be responsible for premiums beyond the City's contribution of 80%of the`Base Plan"composite rate. All active employees are also able to select an optional high deductible plan (medical and prescription only) as an additional lower cost option for group health. The City will contribute a 20 flat rate monthly amount, limited to the amount of the City's contribution toward the `Base Plan" for the high deductible plan. Retirees are not eligible for the high deductible plan. In an effort to minimize the impact of annual composite premium increases/decreases for the employee, the rate change will be limited to a maximum of twelve and one-half percent (12 %z%) per year (or the actual percent increase in actual costs from the previous calendar year, whichever is lower). In the event the composite premium rate change is less than 121/2%, the employee's percent of the rate shall be the actual percent change unless costs from the year before need to be made up. The rate change will be limited to a maximum of twelve and one-half percent (12 %z%) of the `Base Plan" per year (or the actual percent increase in act�ual costs from the previous calendar year, whichever is lower). The Association and the City agree that costs not made up prior to the end of this Agreement shall be made up in the successive Agreement. For specifics regarding the City's Group Health and Welfare Benefit Plan, refer to the Benefit Summary Plan Description. The City reserves the right to modify the group insurance composite rate structure to establish classes of coverage and rates in an effort to create a rate struct�ure more compatible to employee claims experience. The City and the Association agree to meet and confer prior to any changes being made to the group insurance composite rate structure. Employees with spousal coverage will be allowed to "opt out" of the City's group health and welfare insurance coverage (cease paying their share of the premium). Employees "opting out" of the City's group health benefits must provide proof of alternative health care coverage on an annual basis during the open enrollment period. The City and the Union recognize that it is the on-going plan of the City that all bargaining units will have the same group insurance benefits. (C) Prescription Benefit: Employee co-payments as shown in the following table: Effective Retail (34 days' supply}'; July 1,2016 Co-Pa ment Generic $10.00 Brand $50.00 No Generic Available $20.00 Mail(90 da;ys' supply); i Generic $20.00 Brand $100.00 No Generic Available $40.00 Note: Maintenance medications (i.e. a medication taken longer than 60 days) that are filled at the retail co-pay amount more than twice will be filled at the mail order co-pay amount. 21 The cost of the Prescription benefit program is outlined under"Health Benefits"above. (D) Dental Benefits: For specifics regarding the City's Dental Plan, refer to the Benefit Summary Plan Description. The premium cost of the Dental benefit program is outlined under"Health Benefits" above. (E) Long Term Disability: The City has agreed to pay an equivalent monthly premium amount to the Association to purchase their own long-term disability policy. The Association will provide a copy of the LTD policy billing to the City on an annual basis, and the City will pay the monthly amount equal to the premium the City would pay if Association members participated in the City's highest monthly benefit tier long-term disability program for safety employees. (F) Vision Benefits: For specifics regarding the City's Vision Plan, refer to the Benefit Summary Plan Description. The premium cost of the Vision benefit program is outlined under "Health Benefits" above. Effective June l, 2012,health benefits not provided by Blue Shield will no longer be offered. 26.2 All active employees hired prior to May 13, 2012, who retire from the City and are eligible for Ca1PERS benefits upon separation of service shall be eligible for the City to pay a fifty percent (50%) proportionate share of costs of the insurance premium should the retiring employee elect to participate in the group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with Ca1PERS. To maintain a qualified status and to continue to receive the benefit, the retired employee must continue the group medical insurance during retirement without a break in coverage. Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified stat�us by the retiree. Following the death of a retiree, the surviving spouse, if any, may continue the insurance and the City will continue the benefit on the same terms and conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any retiree hired prior to May 13, 2012, except as set forth above. All active employees hired after May 13, 2012, who retire from the City with five (5) or more years of City service (and eligible for Ca1PERS benefits upon separation of service�shall be eligible for the City to pay a proportionate share of costs of'the insurance premium should the retiring employee elect to participate in any group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with CaIPERS and continue the group medical insurance without a break in coverage. To maintain a qualified status, and to continue to receive the benefit, the retired employee, and their covered spouses who reach Medicare A/B eligibility age must enroll in Medicare. For those retirees who qualify, the City shall pay a proportionate share of the cost of the insurance premiums in accordance with the following formula: 2% for every year of service with the City of Redding up to a maximum of 50%. Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified status by the retiree. 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 and the City will continue the benefit on the same terms and conditions 22 for the life of the surviving spouse. (Employees who retired prior to July 1, 1998, are eligible for health coverage only). Retiring employees who were hired or who worked under a different Memorandum of Understanding (MOU) or City Resolution (a different bargaining unit) shall receive the greatest retiree premium co-share formula in effect and for which that employee qualified for during his or her term of employment. Beginning Calendar Year 2013, the City will offer two health plans, a "Base Plan" and an optional "Premium Plan". All retired employees participating in the group health plan will be enrolled in the `Base Plan" and will have the option on a voluntary basis to enroll in the "Premium Plan" initially, and during the open enrollment period for each subsequent calendar year. Changes will be effective at the beginning of the following calendar year. The City shall pay a proportionate share of the cost of the `Base Plan" insurance premiums as outlined above. Participating retired employees electing to enroll in the "Premium Plan" will be responsible for premiums beyond the City's contrib�ution of the`Base Plan"composite rate. 26.3 The City and the Association agree to meet and discuss during the term of this Agreement the recommendations of the Health Insurance Task Force. 26.4 Regular employees are eligible to participate in the City's Deferred Compensation Plan through voluntary payroll deductions from the employee's pay. 26.5 The City offers the VantageCare Retiree Health Savings Plan to Regular employees. Effective as soon as administratively feasible following the effective date of this MOU, the City will ded�uct 1% of gross taxable earnings, per pay period, pre-tax, from each members' compensation and transmit the funds to the VantageCare Retirement Health Saving Plan (RHS). In addition, any eligible sick leave pay out made upon retirement of RPMA members will be contributed to the VantageCare RHS per Section 19.6. 26.6 The City and Union agree to reopen negotiations if any changes to the Affordable Care Act affect matters within the scope of representation. ARTICLE 27: RETIREMENT PROGRAM 27.1 Regular Employee Retirement Plan All Regular employees are covered by the California Public Employees' Retirement System (Ca1PERS)program pursuant to an existing contract. (a) Tier 1 "Classic"Police Sworn Employees Regular Police Sworn employees hired prio�to September 8, 2012, and those hired afte�January 1, 2013, who are considered to be "Classic CaIPERS Members" due to previous City of Redding employment will be covered under the three percent (3.0%) at age fifty (50) local safety retirement benefit formula with the 12 highest paid consecutive month's final compensation provision ("Tier 1 Employees"). Tier 1 Employees will be covered by the Fourth level of 1959 23 Survivors' Benefit Program (Government Code Section 21574), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option. In accordance with Government Code section 20516, Tier 1 Employees have agreed to cost sharing resulting in the following employee contributions to be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis. • Three percent (3.0%) effective September 25, 2016 [total employee contribution o�12%] • An additional one and a half percent (1.5%) for a total of four and a half percent (4.5%) effective June 13, 2021 [total employee contribution of 13.5%] • An additional two percent (2%) for a total of six and a half percent (6.5%) effective September 5, 2021 [total employee contribution of 15.5%] • An additional two percent (2%) for a total of eight and a half percent (8.5%) effective September 4, 2022 [total employee contribution of 17.5%] • An additional one point eight seven percent (1.87%) for total of ten-point three seven percent (10.37%) effective as soon as administratively feasible that the contract with Ca1PERS can be amended following City Council adoption at the December 5, 2023 meeting [total employee contribution of 19.37%] Regular employees vested in Tier 1 who leave City employment and subsequently are rehired will be re-employed with Tier 1 status for CaIPERS benefits. (b) Tier 2"Classic"Police Sworn Employees Regular Police Sworn employees hi�ed between Septembe� 8, 2012 and Janua�y 1, 2013, and those hired after .Tanuary 1, 2013, who meet the definition of a "Classic CaIPERS Member" pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA)but have not been previously employed by the City of Redding will be covered by the three percent (3.0%) at age fifty-five (55) local safety retirement benefit formula with the 36 highest paid consecutive month's final compensation provision("Tier 2 Employees"). Tier 2 Employees will be covered by the Fourth level of 1959 Survivors' Benefit Program (Government Code Section 21574), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option. In accordance with Government Code section 20516, Tier 2 Employees have agreed to cost sharing resulting in the following employee contributions to be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis: • Three percent(3.0%) effective September 25, 2016 [total employee contribution of 12%] • An additional one and a half percent (1.5%) for a total of four and a half percent (4.5%) effective June 13, 2021 [total employee contribution of 13.5%] • An additional two percent (2%) for a total of six and a half percent (6.5%) effective September 5, 2021 [total employee contribution of 15.5%] • An additional two percent (2%) for a total of eight and a half percent (8.5%) effective September 4, 2022 [total employee contribution of 17.5%] 24 • An additional one point six one percent (1.61%) for a total of ten-point eleven percent (10.11%) effective as soon as administratively feasible that the contract with CaIPERS can be amended following City Council adoption at the December 5, 2023 meeting [total employee contribution of 19.11%] Regular employees vested in Tier 2 who leave City employment and subsequently are rehired will be re-employed with Tier 2 status for CaIPERS benefits. (c) Tier 3 "PEPRA"Police Sworn Employees Pursuant to the California Public Employees' Pension Reform Act of 2013 ("PEPRA"), regular Police Sworn employees hired after.Ianuary 1, 2013 who do not otherwise meet the definition of a "Classic Ca1PERS Member", will be covered by the 2.7 percent (2.7%) at age fifty-seven (57) local safety retirement benefit formula with the 36 highest paid consecutive month's final compensation provision as a "New Ca1PERS Member" ("Tier 3 Employees") Tier 3 Employees will be covered by the Fourth level of 1959 Survivors' Benefit Program (Government Code Section 21574), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option. Also pursuant to PEPRA, Tier 3 Employees are responsible for paying an employee contribution for the retirement benefit equal to fifty percent (50%) of the total normal cost rate as established by CaIPERS on an annual basis that is paid by the employee through a bi-weekly payroll ded�uction on a pre-tax basis. 2'7.2 Full-Time Temporary Employees Full Time Temporary employees not included within Section 27.1 (a), (b), or (c} above shall be covered by the PARS — 457 Plan. Participating employees will pay half of the contribution of 3.75 percent (3.75%) for the benefit through a bi-weekly payroll deduction on a pre-tax basis. The City will pay the remainder of the contribution or 3.75 percent(3.75%) ARTICLE 28: DISCIPLINARY APPEAL PROCEDURE 28.1 An employee may appeal a disciplinary action involving discharge, demotion, suspension, or loss of pay pursuant to the following disciplinary appeal procedure. Probationary employees shall not be entitled to invoke this disciplinary appeal procedure. 28.2 Upon an employee's receipt of the Notice of Proposed Disciplinary Action, the employee will have 10 calendar days to request a predisciplinary meeting with the Chief of Police or to request the ability to provide a written response to the proposed discipline. An employee's failure to request a predisciplinary meeting or written response to the proposed discipline within this timeframe will waive the right to provide a predisciplinary response. Following any applicable predisciplinary meeting/written response, or where no response is provided, the Chief of Police will review the proposed disciplinary action and decide to sustain, modify, or reject the recommendation and will notify the employee of the decision and issue any applicable Notice of Disciplinary Action. 28.3 If the Notice of Disciplinary Action issued by the Chief of Police in Section 28.1 25 above continues to involve a disciplinary action subject to appeal pursuant to the Article, the employee has 10 calendar days to request an appeal of the disciplinary action proceed to arbitration. The arbitration of the disciplinary will be handled as follows: (a) An Arbitrator shall be chosen by mutual agreement of the City and employee. In the event that City and the employee or their representative are unable to agree on the selection of an Arbitrator,within 5 calendar days of the City's receipt of a request by the employee to appeal the disciplinary action, the City will solicit a list of five (5) arbitrators from the California State Mediation and Conciliation Service (SMCS). A copy of such list shall be provided to the employee's representative. The parties agree to act expeditiously in the selection of an arbitrator. If the employee and the City fail to reach mutual agreement on the selection of an arbitrator based on the SMCS list, each party's representative shall meet and alternately strike a name from the SMCS list of arbi�rators. The first party to strike a name shall be determined by lot. The costs of arbitration shall be borne equally by the City and the employee, except in cases where the employee is not represented by the Association or any affiliated legal defense entity and would otherwise be directly responsible for such costs. In such cases, the City shall bear the costs of arbitration. The City and the employee shall pay the compensation and expenses for their respective witnesses. At the employee's request, the City shall release employees from duty to participate in arbitration proceedings. (b) The Arbi�rator shall hold such hearings and shall consider such evidence as to the Arbitrator appears necessary and proper. The decision of the Arbitrator shall be final and binding on City and the employee,provided that such decision does not in any way add to, disregard or modify any of the provisions of City policies, resolutions or ordinances. 23.�L Failure by the employee to meet any of the aforementioned time limits as set forth in above will result in forfeiture and waiver of the disciplinary appeal. Except, however, that the aforementioned time limits may be extended by mutual agreement. Any disciplinary appeals waived by forfeiture shall not bind either party to an interpretation of City policies, practices, resolutions or ordinances, nor shall such waiver be cited by either party as evidence in the settlement of subsequent disciplinary appeals. ARTICLE 29: TERM 29.1 This Memorandum of Understanding, having taken effect as of July 1, 1998, shall continue in full force and effect until the 54-�h day of December, 2026 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, this Memorandum of Understanding shall only become effective with approval of the City Council of the City of Redding. 29.2 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. 26 29.3 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict; the balance of the Memorandum of Understanding, however, shall remain in full force and effect. ARTICLE 30: SAVINGS PROVISION 30.1 If any provisions of this Memorandum of Understanding are held to be contrary to law by a court of competent jurisdiction, or held to be outside the scope of negotiations, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. Whenever any provision of this Memorandum of Understanding is affected as set forth above, either Party may, by giving written notice to the other within thirty (30) days of the courts action, open negotiations on the subject of the affected provisions. ARTICLE 31: EFFECT OF AGREEMENT 31.1 It is understood and agreed that the specific provisions contained in this Memorandum of Understanding shall prevail over City practices and procedures to the extent of a conflict, and that in the absence of specific provisions in this Memorandum of Understanding, such practices and procedures are discretionary. ARTICLE 32: EMERGENCY PROVISION 32.1 The City retains the right to amend, modify or rescind policies, regulations, and practices referred to in this Memorandum of Understanding in cases of emergency. For the purpose of this Article, an "emergency" is defined as an act of God, war, natural or manmade disaster, which interferes with the normal operations of the City. ARTICLE 33: ENTIRE AGREEMENT 33.1 Except as specifically provided in Article 29 (Term), during the term of this Memorandum of Understanding the parties expressly waive and relinquish the right to meet and confer on salaries, hours of employment, and terms and conditions of employment, and agree that neither party shall be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Memorandum of Understanding or not, even though such subject or matters may not have been within the knowledge or contemplation of either or both the City or the Association at the time they met and negotiated on and executed this Memorandum of Understanding, and even though such subjects or matters were proposed and later withdrawn. Both parties acknowledge that such waiver and relinquishment as set forth above carries with it the commensurate prohibition for either party to effect a unilateral change in an employment condition falling within the scope of negotiations under Government Code Section 3500 et. seq. 27 IN WITNESS WHEREOF, the parties have executed these Amendments to the Memorandum of Understanding to be effective December 6,2023. s/Barr,y Ti�in s/Jonathan Sheldon Barty Tippin Jonathan Sheldon City Manager President, RPMA s/Kari Kibler s/Regan Ortega Kari Kibler Regan Ortega Personnel Director Vice President, RPMA s/Greg Robinette s/Robert Garnero Greg Robinette Robert Garnero Finance Officer Treasurer,RPMA s/Jeffrey Schmidt Jeffrey Schmidt Member at Large, RPMA 28 Exhibit "A-0" SCHEDU�E OF SA�ARY RANGES J/C Classification Effective Date Monthly Salary Range 203 Police Sergeant September 4, 2022 $10,855 - $12,916 128 Police Lieutenant September 4, 2022 $13,174 - $14,735 114 Police Captain September 4, 2022 $15,030 - $16,422 Police Sergeant positions are subject to temporary assignments which may be terminated at any time. Exhibit "A-1" SCHEDULE OF SA�ARY RANGES J/C Classification Effective Date Monthly Salary Range 203 Police Sergeant December 10, 2023 $11,615 - $13,820 128 Police Lieutenant December 10, 2023 $14,096 - $15,766 114 Police Captain December 10, 2023 $16,082 - $17,572 Police Sergeant positions are subject to temporary assignments which may be terminated at any time. Exhibit "A-2" SCHEDULE OF SA�ARY RANGES J/C Classification Effective Date Monthly Salary Range 203 Police Sergeant December 8, 2024 $11,905 - $14,165 128 Police Lieutenant December 8, 2024 $14,448 - $16,160 114 Police Captain December 8, 2024 $16,484 - $18,011 Police Sergeant positions are subject to temporary assignments which may be terminated at any time. Exhibit "A-3" SCHEDULE OF SA�ARY RANGES J/C Classification Effective Date Monthly Salary Range 203 Police Sergeant December 7, 2025 $12,203 - $14,519 128 Police Lieutenant December 7, 2025 $14,810 - $16,564 114 Police Captain December 7, 2025 $16,896 - $18,462 Police Sergeant positions are subject to temporary assignments which may be terminated at any time. EXHIBIT "B" JOB DEFINITIONS Police Ser�eant Supervise activities of assigned shift; plan work; coordinate field activity; train, evaluate, coach and counsel assigned staff; review and approve police reports; supervise field operations; manage assigned sub-units; conduct roll call briefings; perform and/or assist with personnel related investigations; perform specialty position assignments; provide support and perform various aspects of police work; identify problem oriented policing projects; develop goals and objectives and watch priorities; investigate and resolve citizen complaints; monitor personnel equipment usage; interact cooperatively and effectively with the public, employees and outside agencies; give public presentations; advise supervisor of activities of assigned shift; and perform other related duties as assigned. Police Lieutenant Manage activities of assigned shift, function or activity; supervise, coordinate, train and evaluate assigned staff; enforce City and departmental policies and procedures; provide leadership and motivation as well as technical guidance;prepare, conduct ar monitor a variety of reports, studies, investigations,surveys,grants,etc.; advise supervisor of the activities of assigned shift, function or activity; serve as liaison or representative to other City departments or outside agencies; assist in the preparation and monitoring of the budget; give public presentations; and perform other related duties as assigned. Police Captain Plan, direct and administer the activities of an assigned division of the Police Department; advise Chief of Police on the activities of the division; oversee a11 aspects of operations of the division; provide leadership and motivation as well as technical guidance; serve as liaison or representative to other City departments or outside agencies; develop long-range goals; assist in the preparation of the department budget; develop and monitor the budget of assigned division; prepare and/or oversee the preparation of complex and comprehensive reports, studies, investigations, surveys, grants, etc.; give public presentations; hire, direct, coordinate, supervise, train and evaluate assigned staff; enforce City and departmental policies and procedures; and perform other related duties as assigned. EXHIBIT"C" REDDING POLICE DEPARTMENT SUI�STANCE ABUSE POLICY SUBSTANCE ABUSE POLICY TABLE GF CONTENTS Sectian Pa.�e No SectionL POLIC�.......................................................................................................... 3 Section II. MANAGEMENT AND SUPERVISORY RESPC?NSIBILITIES ................. 5 SectionIII. TRAINTNG .................................................................................................... 5 Section IV. SUBSTANCES FOR WHICH TESTING WILL OCCUR............................. b Section V. SUBSTANCE TESTING PROCEDUR.ES..................................................... & Section VI. REHABILITATION ....................................................................................... 10 Section VIL DISCIPLINARY ACTII'�N............................................................................. 12 Section VIII. MEDICAL REVIEW UFFICER .................................................................... 12 Section IX. CONFIDENTIALITY .................................................................................... 12 SectianX. SEVERABILITY............................................................................................ 13 Attachment"A" CUT-OFF LEVELS FOR SUBSTANCE ABUSE TESTING ...................... 13 Attachment"B" RESPONSIBILITIES OF THE MEDICAL REVIEW OFFICER ........... 14-15 Attachment"C„ CONSENT FORM T4 DRUG TESTING ..................................................... 16 1 I. POLICY It is the policy of the City of Redding (City) to foster and provide a drug and alcohol-free workplace for all employees. A drug and alcohol-free workplace protects the safety of the public as well as the City's valuable employee resources. A. POLICY PHILOSOPHY Police department employees represent the City to the general public in highly visible and often stressful situations. As a result,police officers must make critical decisions that affect both public safety and the safety of fellow employees. Because the role of law enforcement is so crucial to the general welfare of the community, it is held to a higher standard of scrutiny and conduct than the general public. This is particularly important in the use of alcohol or drugs. Consequently, substance abuse cannot be tolerated by members of this Department. B. POLICY PURPOSES The purposes of the City's Substance Abuse Policy are: 1. To implement a fair and balanced approach to eliminating substance abuse and its effects on job perfor�nance; 2. To encourage voluntary rehabilitation. C. APPLICATION OF POLICY This policy shall apply to a11 employees in the RPMA bargaining unit of the Police Department. D. GUIDING PRINCIPLES There are three guiding principles underlying the City's policy on a drug and alcohol- free workplace. They are: l. Education The City believes that education and training of a11 employees in the effects and treatment of substance abuse will contribute to a safer and more efficient workplace for everyone. 2. Deterrence/Enforcement The City is cammitted to eliminating the effects of substance abuse in the workplace. The substance abuse policy will be strictly enforced. Violation of its requirements may be cause for discipline, up to and including terminatian af emp�oyment. 3. Treatment The City is committed to helping employees with admitted substance abuse prablems overcorne those problems, not detrimental to public safety and encaurages valuntary rehabilitatian. E. RULES In furtherance ofthe substance abuse policy,the City has formulated clear rules and penalties to ensure campliance. Vialatian of these rules may result in disciplinary action up ta and inctuding discharge. The primary rules are: 1. The use of illegal drugs and the illegal use of prescription drugs ar �ontrolled substances are prohibited. Cannabis is an illegal drug by Federal law and is not eonsidered prescription medication far purposes af this section. 2. Th�manufaeture,sale,distributian,or possession of illegal or controlled drugs, and any attempt to offer to sell ar distribute illegal or cantrolled drugs by any employee at any time except in the performance af the employees responsibilities is prohibited. 3. Employees shall nat report for work or be in stand-by or on-ca11 status vvhile they have in their system alcohol, illegal drugs, or prescription drugs that will adversely affect their alertness,coordination,reaction,response or safety,unless sa authorized or directed by a supervisor. 4. The use ar possession of alcohol while on duty,including lunch and breaks,or in the workplace except in the performance of the employees responsibilities is prohibited. The possession af an unopened,sealed cantainer of alcohal,because af an unsolicited delivery, is not a violation of this rule, pravided that the employee/recipient immediately notifies his/her supervisor af such delivery. 5. The use or possessian of cannabis,hashish,andtor cancentrated cannabis in any form,except in the perfarmance of the employee's work-related responsibilities, is prohibited and considered serious misconduct. This ir�cludes whether or not these substances have been recommended to the employee as having medicinal value by a medical professionai. 6. Employees who appear to be affected on the job by drug or alcahal use may be required to submit to drug/alcahal testing pursuant ta seetion V. 3 7. Any employee taking prescription medications which may affect job performance must report this treatment to his or her immediate supervisor priar to reporting for duty and provide a prescription within twenty four(24) hours if requested. 8. Ernployees shall report an duty conduct prohibited by this policy immediately to their supervisor when employees have a reasanable basis to believe that another emptayee is engaging in such activities. 9. A copy of this policy will be delivered to each current and each new emplayee. Such de�ivery shall be acknowledged in writing. Each employee shall read and abide by the provisions of this policy. II. MANAGEMENT RESPONSIBILITIES Management will: A. Be fully conversant with the policies and procedures set forth herein; B. Train employees in the policies and procedures concerning substance abuse,and in the dangers of such abuse; C. Be knowledgeable about the City's pragram for substance abuse rehabilitation; D. Be aware of substance abuse indicatars(see illustrative list Section V,Paragraph 2); E. Document a11 instances af vio�ations af this policy; F. Conduct investigations promptly and properly when suspicion exists that an employee may be impaired or affected by drug or alcahol use; G. Conduct investigations promptly and properly when the presence or use af drugs or alcahal in the workplace or during work time,including lunch or breaks,is suspected; H. When the rasults of investigations indicate that discipline is warranted, impose fair and reasonable discipline in an appropriate manner consistent with the elements af the individual case; L Monitar the participatian and progress of employees in rehabilitation or aftercare programs; III. TRAINING The City will develop and conduct druglalcohal awareness training sessions for all employe�s concerning this Policy, and the personal, safety and work effects of drug and alcohol use. Management will require attendance at such training sessians. 4 Management will use its best efforts to ensure that ail supervisors are trained in substance abuse observatian techniques at the earliest possible time fallowing appaintment ta a supervisary rank. IV. SUBSTAN�CES FOR WH1CH TESTING WIL,L OCCUR The City will fest far substances includad by the United States Departinent of Health and Human Services(DHHS)and will test in accordance with the Substance Abuse and Mental Health Services Administration (SAMHSA} �tandards as such lists exist at fihe time of testing. Currently substances included under SAMHSA standards are as follows: A. Cannabis(cannabinoids) B. Cocaine C. Opioid(narcatics such as heroin,morphine, codeine and ather rnedicinal narcotics) D. Phencyclidine (PCP) E. Amphetamines(racemic amphetarnine,dextroamphetamine,and methamphetamine) F. Alcohol G. Barbiturates H. Benzodiazepines L Methaqualone In additian ta the substanees listed above,the City may request that specimens be tested for the presence of anabolic steroids. V. SUBSTANCE TESTING PROCEDURES A. CATEGORIES QF TESTING The City wili eonduct the fo�lawing types of drug/alcohol tests: 1. Voluntary When an allegation against an emplayee not rising to the leve� required for reasonable suspicion testing occurs, an emplayee may volunteer to submit to drug/alcohol testing at the employer's expense with prior approval af the City. 2. Reasanable Suspicion Employees must submit to tests for alcohol andtor for il�egal and controlled substances when the employee is reasonably suspected af being impaired or affected by drug or alcohol use. Reasonable suspicion for testing means suspicion based on specific personal observation of twa (2) supervisars, unless only one supervisor is practically available. (For this purpose, supervisor shal� be defined as an employee of the rank of Corporal or above). The observing supervisor(s)must have been trained in the detection of drug and alcoho� use, and shall describe and document: S a. Specific persanal and articulate observations concerning the appearance, behavior, speech, or performance af the employee; or b. Vialation of a safety rule, or other unsafe work incident which, after further investigation of the employee's behavior, leads the supervisor(s) to believe that drug or alcohol use may be a contributing factor; ar c. Other physical, circumstantial, ar contemporaneaus indieators of drug ar alcohol use. While observations and reports of third parties da nat of themselves canstitute reasanable suspicion,they may trigger an internal or administrative investigation. A drug(alcahal test may be required as a part af such investigation. When such tests are ordered, the supervisor will document the circumstances leading to the issuance of the order, including the names of all witnesses. 3. Internal or Administrative Investi atg ions When conducting internal or administrative invest'rgation, and if there is reasonable suspician to believe the employee is under the influence of drugs or alcahol, supervisors shal� send the involved employee for drug/aleohol testing. Examples of when such testing may be required are: a. Involvement in an accident while on duty that results in injury to the employee or another person, or in significant property damage. b. Invalvement in a critical incident while performing law enfarcement duties. For this purpose a critical incident sha11 be defined as: {1) Use of deadly force (2) Accidentallintentional discharge af a firearm (not including range practice} (3} An applicatian of farce resulting in serious injury or death (4) A complaint of the use of excessive force which caused seriaus injury (5} Other life threatening incidents To the extent feasible under the circumstances, an emplayee subjected ta a substance test as part of a criminal investigation wi11 alsa be tested under these procedures. When such tests are ordered,the supervisor will document the reasons for the test in a written order, including the circumstances and names of all witnesses. The decisian to test shall nat be arbitrary or capricious and good cause shall be evident. 6 4. Random Random drugtalcahol testing will be required for all Department peace officers. The universal process for selection purposes will cansist of a11 sworn peace officers in the Palice Department. The City will determine when such testing shall occur. Selection for random testing will be made by an autside vendor. Numeric designations rather than employee names will be pravided to the vendar for the selectian process. When random tests are ordered,the collection of the test specimen will occur during,or at the end of the employee's normal wark shift, ar time autside of normal shift that is agreed upan by employee and City.To the extent operationally feasible as determined by the City, a lot of one or rnore names provided by the vendor for testing purpases wi11 be tested before a subsequent lot of one or mare names is tested. B. TESTING PROCESS The testing or processing phase, including the cut-aff levets for tested substances (Attachment "A"), will be consistent with SAMSHA standards as they exist at the time af testing and wi11 be performed at a SAMSHA certified facility. 1. The arder to submit to a substance test �may initialiy be given verbally, Subsequently, the employee will be given the order in writing setting forth the reasons therefore and signed by the Chief of Police ar designee. Such written order will be issued as soon as is praeticable after the initial order is given for the test, but may not be issued until after the test is administered. 2. The emplayee will be advised of his/her right to have a representative present prior to testing. A reasonable amount af time will be allowed for a representative to appear. If no representative is available within a reasonable time,the testing procedure will begin. 3. The employee must submit to a drugiaicohol test and sign a Release and Consent Form, Fai]ure to submit to a druglalcohol test or to sign the Release and Consent Form wi11 be considered to be insubardination far failure to follow a direct order. An employee taking such action will be piaeed on leave-without-pay and may be subject to discipline up ta and including discharge from City employment. 4. Except far random testing, an employee sent for non-voluntary testing wi11 be placed on leave-with-pay status until the test results are rendered to the Department. 7 5. When natifying the appropriate collection facility that an empioyee is being transported for testing,the employee wi11 not be identified by name. However,at the point of collection the employee will be identified to the Medical Review Officer or his designee, in accordance with SAMHSA standards. The representative may join them should he/she desire ta do so. 6. A supervisar wi11 transport andlor accompany the empioyee to the collection facility, except when random testing. 7. The drug test wi�l cansist of a urine sample far�loluntary and/or Random testing. A urine andlor blood sample will be collected for Reasonable Suspician andlor Internal ar Administrative Investigatians. The sample choice will be at the discretion of the Chief of Police, or designee. The procedures for collectian of the urine sample wi11 be in campliance with SAMHSA standards. An initial positive repart will not be cansidered positive, rather it wi11 he ctassified as confirmation pending. 8. When a urine andlor bload sample is requested for Reasonable Suspicion andJor an Internal or Administrative Investigation,two samples wil] be taken, One will used for the initial test and the second will be stored in a secured refrigerated evidence area within the Redding Police Department far one year with only an IA number as an identifier. 9. The confirmation test will be a GC/MS pracedure in compliance with SAMHSA standards. The confirmation test wi11 use the same sample as taken in the initial step. Notification of positive test results to the Chief af Police or designee will be held until the confirmation test results are obtained. In those cases where the second test confirms the presenee of drugs in the sample, the sample will be retained for a minimum of six(6)months to allow further testing if requested. 10. Employees wha have been subjected ta a drug/alcoha�test where no alcahol or illegal drugs were found, will receive a report so stating and then sha�l return to wark. A capy of the report wi11 be stored in a separate employee medical file. Refer to section IX. 11. If the fiest result is pasitive, the Medical Review Officer wil! provide an opportunity for the employee to discuss whether there is a legitimate medical explanation for the test results. 12. Verified drug/alcohol test results will be sent directly ta the Chief of Police from the Medical Review Ufficer. 13. The Chief of Folice,or designee,will provide an oppartunity for the employee to meet with him/her and discuss the druglalcohol test result. 14. If the result is positive, rehabilitation and/or disciplinary action will be determined and administered by the Chief af Police or designee. $ 15. An employee who does not pass a druglalcahol test may request that the original urine and/or blood sample be analyzed again at the emplayee's expense at the rate charged to the City. Such analysis shalt conform to SAMHSA standards and shall be performed by the SAMHSA certified laboratory. The SAMHSA laboratory may be designated by the employee but must be lacated in Califarnia. 16. Each step in the callecting and processing of the urine and/or blood samp�e will be documented to establish pracedural integrity and the chain of evidence. 17. Time required to participate in a non-voluntary testing procedure autside of an employee's narmal work shift will be cansidered time worked for overtime purposes. VI. REHABILITATI4N A. METH4DS OP REFERR�L Employees may be referred to rehabilitatian pragrams in the fallawing tnanners: 1. Voluntarv Self-Referral An emplayee who has a lega� drug andlor alcohol abuse problem can voluntarily refer him/herself to a Licensed Substance Abuse Counselor for treatment. The Caunselor will evaluate the employee and make a specific determination of appropriate treatment. Voluntary self-referral daes not relieve the employee of the obligation ta submit to druglalcohol testing as may be required by management pursuant to this policy, 2. Referral bv Department Management Emplayees with pasitive legal drug/alcohal test results may be directed by the Chief, or designee,to subrnit to evaluatian by a Counselor and if recommended by the Counselor,ta participate in a substance abuse rehabilitation program. For the purpose of this section °`legal drng" sha11 be defined as over-the-counter and/or prescription drugs prescribed to the employee. B. REHABILITATION AND AFTERCARE PRt�}GRAMS 1. The terms and conditions of the rehabilitation pragram and the aftercare program wi�l be determined on a case-by-case basis by the Counselor and the Chief of Police, or designee, in a meeting with the employee. While such terms and conditions will be discussed with the employee,they are ultimately subject to the decision of the Chief, or designee. The employee will be required to abide by such terms and conditions. Refusal or failure to da sa may be grounds for disciplinary action up to and including termination. 9 2. The employee may be placed in a medically supervised rehabititation program, which may include ful� in-patient hospitat care or outpatient rehabilitation care, pravided by a City approved druglalcohol rehabil'rtation facility. 3. If recommended by the Counselar and treatment facility,the employee may apply for a leave of absence to the limits as autlined in the M.4.U. (Memorandum of Understanding) between the City and the RP4A. 4. The Counselor and the treatment facility, if used, must certify in writing to the Chief ofPolice of the employee's successful treatment completican and release to wark. 5. After the employee has successfully completed the reha6ilitation program, the employee will be placed in an aftereare pragram. 6. The employee may,at the recommendation of the Caunselor and at the discretion of the Chief of Paliee,be perrnitted to return to work in his/her job classifieation during outpatient rehabilitation or during aftercare. To qualify for such return to work the employee must reasonably be expected to perfarm his/her job responsibiliti�s. �. Priar to returning to work the employee may be scheduled for an examinatian, including a druglalcohol test at the discretion of the Chief af Police. 8. Emplayees participating in rehabilitation and aftercare programs,as a condition of such participation, will be subject to drug/alcohal testing as may be deemed appropriate by the Chief, or designee. 9. Any changes or modifications in the rehabilitation ar aftercare pragrams must be approved by the Chief of Police. 10. The employee may use apprapriate accrued leave as provided in persanne�rules and/or in the MOU during absences for rehabilitation and aftercare programs. If no such accrued leave is available,the employee wi11 be in a nan-pay status. 11. Costs associa#ed with all rehabilitation and aftercare programs are the responsibility of the employee. However,the employee may use City provided group health insurance benefits, if they apply,ta such pragrams. The City will utilize rehabilitation and aftercare programs authorized under the City's group health insurance plan where available. 12. The number of times an employee can participate in a rehabilitation and aftercare pragram will be determined by the Chief af Palice. 13. Records regarding an employee's rehabilitation program,aftercare program,and the Return to Work Agreement will be in the possession of the Counselor, department management, and the Persannel Manager until such time as the employee is released from the rehabilitatian and af'tereare programs. At that time 10 City retained records will be transferred to the Personnel 4ffice and there maintained in accordance with Section X af this Policy. VII DISCIPLINARY ACTION The City may take disciplinary action up to and ineluding discharge against any emplayee who: A. Tests positive for alcohol or for substances,as identif ed in Section N in an amaunt u�hich meets ar exceeds the cut-off levels established by SAMHSA,as they exist at Yhe time of testing{Attaehment"A"}, B. Refuses required testing pursuant to this Policy, C. Adulterates ar otherwise interferes with accurate testing required pursuant ta this Palicy, I7. Fai1s to comply with the provisions of the return ta work and aftercare programs, E. Has used illegal drugs while employed as a peace officer by the City of Redding, � Has abused prescription drugs while emptayed as a peace officer by the City of Redding, G. Violates a rule in Section E ofthis Policy. Disciplinary action will be consistent with the City's established Policies. VIII. MEDICAL REVIEW OFFICER A. Only a qualified Medical Review Officer (MRO} in accordance with SAMHSA standards will receive laboratory results generated by druglalcahol testing. B. The responsibilities of the MRC} are outlined in Attachmen# "B". These responsibilities are cansistent with SAMHSA standards. If such standards relating to the rale of the MRO change sa shall Attachment "B". IX. �OI�TFIDENTIALIT� The results of any drug andlar alcohol test will not be revealed to any person other than the City Manager,Assistant City Manager,Chief of Police(or designee),Personnel Manager{ar designee), and the rehabilitationlaftercare counselar, unless ordered by means of proper legal procedure and appropriate legal authority,such as a court ordered subpoena,or in connection with City discipiine ar a grievance or arbitration proceeding initiated by ar on behalf af the individual without the express written authorization of the emplayee. 11 A. To maintain confidentiality, records pertaining to Substance Abuse Policy administration, the rehabilitation and aftercare programs, the specimen collection process and individual drug/alcohol test recards will not be a part of the individual personnel files, B. All documents identified in this section will be secured and maintained in the Persannel Office under the custodianship of the Personnel Manager. C. A11 documents relating ta drug/alcohol testing, the circumstances cancerning such tes#ing, or the administration of other aspects of this Policy will be retained a minimum of five years. Such records will include; but not be limited to: • Supporting documents for reasonable suspicion, • Documents supporting testing decisions in internal or administrative investigations, • IZecords of the specimen collection process to indicate specimen identification, accountability, and chain c�f custody, � Records of test results and any information provided by the affected individual concerning legitimate medical reasons for pasitive results and re-tests, • A master list of individual names and rnatehing identification numbers for all cases, • Records regarding an employee's rehabilitation prograrn,aftercare program,and the Return ta Wark Agreement. D. Invoices for services provided by callectian sites,�aboratories,and Medical Review 4fficers shall be directed ta the Chief of Police,or designee,and reference only the case number of the individual involved. E. When a drug/alcohol test is ordered,the call�etion facility shall be notified only that an employee is being transported for testing. The employee is not to be identified by name. However, at the point af collection the employee will be identified ta the Medieal Review Officer, in accordance with SAMHSA standards. F. Ta provide for the maintenance afconfidentiality as required above,supervisors will be informed on a need-to-knaw basis of the reasan for the autharized leave status af the emplayee. X. SEVERABILITY If any court should hold any part of this Policy invalid,such decision shall not invalidate any other part of this Policy. 12 � � � � � � � � � � � � v, o 0 0 � o 0 0 0 ,,., �, �W U N Q O O O O O N � �� O E i W � �� � o v3 va v1 v� v� v� tn rr� va v .� � � � � � � � � � v H � � � � � � � � � � � E � � � � � �' � � � � � � -� � � � � � � � � � o c� w w w � on tin `o�b. ou ;, � p � � �.. �-.. � � � � � � c � � � � � .,_, � � � � � � o�n c�, a � H U o o a �' � o 0 0 `^ � � U �' o 0 0 0 0 0 0 � � M N � �—! M M •—� N N H �l'1 � N V'1 V'7 N � � H a � � � � ~ � -� o -v v� v� v� v� v� tn v� zn W �o E� � E� E-+ E� H F� E� H � � W W W W W W W W W � U ,� C7 C7 C7 C7 L7 C7 C7 C7 � ~ H � � � � O w � a � a w � o � � v V H � � p H � � � a o W W � ,� r�n � � E � � � Q Q � � � � � � o � a, � v W � � � a � � x '� a� � i � � -� a� E" � ,� v '� -�s v o � � � EW., � � �a, .� � � � � Q � � � � � � -°o � � � °�' � a � ° ;� � ° }. � � � � oa ''" ° .� :� o � � � :� o a � ,��°c Q � .� o � � � .� >, o a � �1+ ..fl N � ai ,.� p s.. t> � O O t1. S� N � �ct{ ..0 t7 � O N x � � � � � o � ��, �, � .� U a � � � � o � ��, � � � � Q � m aa � � � o x o a ¢ aa ¢ a� aa � � � o a ¢ � ATTACHMENT "B" A. Medical Review Officer shall review results. An essential part of the druglalcohol testing program is the final review of results. A positive test result does not automatically identify an employee as having used drugslalcohal in viola�ion of this substance abuse palicy. An individual with a detailed knowledge of possible alternate medical explanatians is essential to the review of results. This review shall be performed by the Medical Review Officer prior to the transmission of results to employer administrative officials. B. Medical Review Officer-qualificatians and responsibilities. The Medical Review Officer shall be a licensed physician with knowledge of substance abuse disorders. The role of the Medical Review Officer is ta review and interpret positive test results obtained through the employer's testing program. In�arrying out this responsibility, the Medical Review Officer shall examine alternate medical eXplanations for any positive test result. This action couid include conducting a medical interview with the individua�, review of'the individual's medical history,or review af any other relevant biomedical faetors. The Medical Review 4fficer shall review all medical records made available by the tested individual when a confirmed positive test cauld have resulted from legally prescribed medication. The Medical Review 4fficer sha11 not, however, cansider the results of urine andlor blood samples that are not obtained or processed in accordance with SAMHSA standards. C. Pasitive test result. Prior to making a final decisian to verify a positive test resuit,the Medical Review Officer shall pravide the tested individual an apportunity to discuss the test result with him/her. It is primarily th�responsibility af the tested individual to initiate this discussion. However,to facilitate such a discussion, the Medical Review Officer will send a certified �etter to the tested individual regarding the need to discuss the test result with himlher. During the five (5) warking days following such certified mailing, the Medical Review Officer will make reasonable efforts to contact the individual. If after the five working day period there has been no contact, the Medical Review Officer will forward the test results ta the Chief of Police or designee. D. Verification for apioid; review for prescriptian medication. Before the Medical Review Officer verifies a eonfirmed positive result for opioid, helshe shall determine that there is clinical evidence--in addition to the urine andlor blood test--of unauthorized use af any opium,opiaid,ar apium derivative{e.g.,morphine/codeine). (This requirement does not apply if the employer's GC1MS confirmation testing for apioid confirms the presence of&-monoacetylmorphine.} 14 E. Reanalysis authorized. Should any questian arise as to the accuracy ar validity of a positive test result, only the Medical Review Officer is authorized ta arder a reanalysis of the ariginal sample and such retests are authorized anly at tabaratories certified by D.H.H.S. The Medical Review Officer shall authorize a reanalysis af the original sample on timely request of the employee, as applicable in this Substance Abuse Policy. F. Result consistent with legal drug use. If the Medieal Review OfficEr determines there is a legitimate rnedical explanation for the positive test result,the Medical Review Officer shall report the test result ta the employer as negative. G. Result scientifieally insufficient. Additionally, the Medical Review Officer, based on review af inspectian reports, quality contral data, rnaltiple samples, and other pertinent results, may determine that the result is scientifically insufficient far further action and declare the test specimen negative. In this situation the Medical Review Officer may request reanalysis af the original sample before making this decision. The laboratory shall assist in this review process as requested by the Medicat Review Of�cer by making availab�e the individual responsible far day-to-day management of the urine drug testing laboratory or other employee who is a forensic toxicalogist or who has equivalent farensic experience in urine and/or blaod drug testing,to provide specific consultatian as required by the City. 15 ATTACHMENT gC" S'AMPLE RELEASE {�F INFOT:MATION CONSENT TO DRUG TESTING 1, ,do hereby give my consent to CITY's CONTRACT VEND4R, hereinafter referred to as VENDOR,to perform urinalysislbiood test on me for the presence of certain drugs andtor alcohal. I further authorize VENDOR to release test results obtained from this examination in accordance with the procedures cantained in the City of Redding Substance Abuse Policy applicable to my jab classification to the City of Redding. � * * * * I am naw taking, ar have taken,the fa�lowing rnedications within the past thirty(30) days: NAME OF DRUG CONDITI4N�FOR WHICH PRESCRIBING DOCTOR TAKEN QR OVER THE COUNTER {OTC) DATED: SIGNATURE IDENTIFICATI4N DATED: WIT`NES S 16 Exhibit "A-0" SCHEDU�E OF SA�ARY RANGES J/C Classification Effective Date Monthly Salary Range 203 Police Sergeant September 4, 2022 $10,855 - $12,916 128 Police Lieutenant September 4, 2022 $13,174 - $14,735 114 Police Captain September 4, 2022 $15,030 - $16,422 Police Sergeant positions are subject to temporary assignments which may be terminated at any time. Exhibit "A-1" SCHEDULE OF SA�ARY RANGES J/C Classification Effective Date Monthly Salary Range 203 Police Sergeant December 10, 2023 $11,615 - $13,820 128 Police Lieutenant December 10, 2023 $14,096 - $15,766 114 Police Captain December 10, 2023 $16,082 - $17,572 Police Sergeant positions are subject to temporary assignments which may be terminated at any time. Exhibit "A-2" SCHEDULE OF SA�ARY RANGES J/C Classification Effective Date Monthly Salary Range 203 Police Sergeant December 8, 2024 $11,905 - $14,165 128 Police Lieutenant December 8, 2024 $14,448 - $16,160 114 Police Captain December 8, 2024 $16,484 - $18,011 Police Sergeant positions are subject to temporary assignments which may be terminated at any time. Exhibit "A-3" SCHEDULE OF SA�ARY RANGES J/C Classification Effective Date Monthly Salary Range 203 Police Sergeant December 7, 2025 $12,203 - $14,519 128 Police Lieutenant December 7, 2025 $14,810 - $16,564 114 Police Captain December 7, 2025 $16,896 - $18,462 Police Sergeant positions are subject to temporary assignments which may be terminated at any time. Resolution No. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING AN AMENDMENT TO THE EXECUTIVE MANAGEMENT PAY-FOR- PERFORMANCE SALARY PLAN EFFECTIVE DECEMBER 10, 2023 WHEREAS, staff has recommended additional amendments to the Executive Management Pay- For-Performance Salary P1an, effective December 10, 2023; and WHEREAS, the City Council deems it in the best interest of the City to adopt such recommendation; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council that the Executive Management Pay-For-Performance Salary Plan be amended effective December 10, 2023, as attached hereto. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the Sth day of December, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEIVIBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: , Mayor ATTEST: FORM APPROVED: SI3ARLENE TIPTON, City Clerk BARRY E.DeWALT, City Attorney CITY OF REDDING EXECUTIVE MANAGEMENT PAY-FOR-PERFORMANCE SA�ARY P�AN Effective: September 3, 2023 Job Code Title Monthly Salary Range 96 City Clerk (Elected Official) NO RANGE $600 97 City Treasurer (Elected Official) NO RANGE $600 30 Director of Electric Utility 20 026 — 26,035 31 Assistant Director of Electric Utility 18 206 — 23 669 61 Electric Manager- Energy Management 16 551 — 21 517 84 Electric Manager- Engineering 16 220 — 21 087 83 Electric Manager-Operations 16 220 — 21� 66 Compliance Officer 16 220 — 21 087 35 Chief of Police $15,894 — $20,664 94 Chief Information Officer 15 612 — 20 296 88 Electric Program Supervisor- Energy Management 15 046 — 19 561 76 Electric Manager- Power Production $14,807 — $19,250 62 Electric Program Supervisor-Transmission & Distribution 14 746 — 19 170 77 Electric Manager- �ine 14 722 — 19 139 12 Assistant City Manager 14 631 — 19 022 40 Fire Chief 14 769 — 19 201 63 Electric Manager-Customer Services and Metering 14 193 — 18 451 69 Electric Manager- Financial 14 193 — 18 451 86 Electric Manager- Resources 14 192 — 18 451 67 Electric Manager-Technology 14 192 — 18 451 20 Director of Public Works 13 935 — 18 116 59 Electric Program Supervisor- Power Production $13,461 — $17,500 42 Deputy Fire Chief 12 726 — 16 544 52 Director of Community Services 12 268 — 15 950 43 Director of Development Services 12 268 — 15 950 87 Electrical Engineering Supervisor 12 267 — 15 948 78 Electric Program Supervisor- Line 12 267 — 15 948 41 Electric Program Supervisor- Meter Shop 12 267 — 15 948 80 Electric Program Supervisor-Substations 12 267 — 15 948 64 Director of Finance 12 201 — 15 862 18 Deputy City Manager 12 176 — 15 830 58 Electric Program Supervisor-Operational Technology 11 991 — 15 589 134 Assistant City Attorney II $11,776 — $15,310 81 Electric Manager 11 754 — 15 281 54 Cyber Security Officer 11 254 — 14 631 82 Electric Program Supervisor 11 195 — 14 554 276 Electric Program Supervisor-Compliance 11 195 — 14 554 274 Electric Program Supervisor-Customer Programs 11 195 — 14 554 275 Electric Program Supervisor-Customer Service 11 195 — 14 554 278 Electric Program Supervisor- Financial Services 11 195 — 14 554 89 Electric Program Supervisor-Service Planning 11 195 — 14 554 277 Electric Program Supervisor-Settlements 11 195 — 14 554 273 Electric Program Supervisor-Vegetation Management 11 195 — 14 554 260 Electric Utility Senior Resource Planner 11 195 — 14 554 Job Code Title Monthly Salary Range 65 Personnel Director $11,194 — $14,552 106 Assistant Director of Public Works 11 107 — 14 440 112 Assistant City Engineer 10 912 — 14 186 192 Electric Utility Operational Technology Engineer �,10,901 — 14 172 108 Electrical Engineer 10 882 — 14 147 155 Electric Utility Senior Project Engineer 10 882 — 14 147 68 Operations/Compliance Engineer 10 882 — 14 147 262 Power Plant Engineer II 10 882 — 14 147 135 Assistant City Attorney I $10,665 — $13,865 71 Assistant Director of Development Services/Building Official 10 656 — 13 853 138 Planning/Community Development Manager 10 364 — 13 473 93 Deputy Director of Public Works 10 180 — 13 235 60 Finance Officer 10 179 — 13 233 116 Electric Utility Resource Planner 10 177 — 13 231 110 Electric Utility Engineer 9 893 — 12 861 261 Power Plant Engineer I 9 893 — 12 861 50 Assistant Director- Community Services 9 790 — 12 727 182 Geographic Information Systems Manager 9 726 — 12 645 252 Municipal Utilities Manager 9 694 — 12 603 202 Transit Manager $9,454 — $12,475 103 Housing Manager 9 430 — 12 259 127 Building Official 9 261 — 12 039 72 Environmental Compliance Manager $9,148 — $11,893 95 Personnel Manager 9 006 — 11 708 90 Risk Manager 9 006 — 11 708 249 Field Foreman-Electrical Technician 8 927 — 11 606 151 Deputy City Attorney $8,925 — $11,603 75 Airports Manager $8,839 — $11,491 153 Deputy Building Official $8,555 — $11,122 195 Electric Utility Associate Resource Planner 8 480 — 11 025 105 Assistant Finance Officer 8 477 — 11 020 121 Electric Utility Engineering Associate 8 342 — 10 845 98 Administrator-Office of City Clerk $8,176 — $10,629 99 Administrator-Office of City Treasurer $8,176 — $10,629 131 Economic Development, Innovation and Equity Manager $8,048 — $10,463 92 Parks & Facilities Manager $7,745 — $10,068 51 Communication Manager $7,714 — $10,028 107 Energy Services Account Manager 7 653 — �949 136 Electric Utility Engineering Assistant il 7 584 — 9 859 130 Fleet Manager 7 506 — 9 759 56 Senior Personnel Analyst $7,489 — $9,736 Job Code Title Monthly Salary Range 209 Assistant Airports Manager $7,368 — $9,579 166 Purchasing Officer $7,053 — $9,169 150 Electric Utility Engineering Assistant I 6 894 — 8 963 113 Electric Utility Field Foreman $5,362 — $8,851 1�5 Management Assistant to the City Manager 6 807 — 8 849 185 Police Services Manager 6 520 — 8 477 165 Parks Superintendent $6,444 — $8,378 169 Recreation Superintendent $6,444 — $8,378 245 Executive Assistant to the City Manager �5,_780 — 7 514 109 Reprographics Manager 5 780 — 7 514 CITY OF REDDING EXECUTIVE MANAGEMENT PAY-FOR-PERFORMANCE SA�ARY P�AN Effective: December 10, 2023 Job Code Title Monthly Salary Range 96 City Clerk (Elected Official) NO RANGE $600 97 City Treasurer (Elected Official) NO RANGE $600 30 Director of Electric Utility $20,026 - $26,035 31 Assistant Director of Electric Utility $18,206 - $23,669 35 Chief of Police 17 611 - 22 895 61 Electric Manager- Energy Management $16,551 - $21,517 84 Electric Manager- Engineering $16,220 - $21,087 83 Electric Manager-Operations $16,220 - $21,087 66 Compliance Officer $16,220 - $21,087 94 Chief Information Officer $15,612 - $20,296 40 Fire Chief 15 147 - 19 692 88 Electric Program Supervisor- Energy Management $15,046 - $19,561 76 Electric Manager- Power Production $14,807 - $19,250 62 Electric Program Supervisor-Transmission & Distribution $14,746 - $19,170 77 Electric Manager- Line $14,722 - $19,139 12 Assistant City Manager $14,631 - $19,022 63 Electric Manager-Customer Services and Metering $14,193 - $18,451 69 Electric Manager- Financial $14,193 - $18,451 86 Electric Manager- Resources $14,192 - $18,451 67 Electric Manager-Technology $14,192 - $18,451 20 Director of Public Works $13,935 - $18,116 42 Deputy Fire Chief 13 770 - 17 902 59 Electric Program Supervisor- Power Production $13,461 - $17,500 52 Director of Community Services $12,268 - $15,950 43 Director of Development Services $12,268 - $15,950 87 Electrical Engineering Supervisor $12,267 - $15,948 78 Electric Program Supervisor- Line $12,267 - $15,948 41 Electric Program Supervisor- Meter Shop $12,267 - $15,948 80 Electric Program Supervisor-Substations $12,267 - $15,948 64 Director of Finance $12,201 - $15,862 18 Deputy City Manager $12,176 - $15,830 58 Electric Program Supervisor-Operational Technology $11,991 - $15,589 134 Assistant City Attorney II $11,776 - $15,310 81 Electric Manager $11,754 - $15,281 54 Cyber Security Officer $11,254 - $14,631 82 Electric Program Supervisor $11,195 - $14,554 276 Electric Program Supervisor-Compliance $11,195 - $14,554 274 Electric Program Supervisor-Customer Programs $11,195 - $14,554 275 Electric Program Supervisor-Customer Service $11,195 - $14,554 278 Electric Program Supervisor- Financial Services $11,195 - $14,554 89 Electric Program Supervisor-Service Planning $11,195 - $14,554 277 Electric Program Supervisor-Settlements $11,195 - $14,554 273 Electric Program Supervisor-Vegetation Management $11,195 - $14,554 260 Electric Utility Senior Resource Planner $11,195 - $14,554 Job Code Title Monthly Salary Range 65 Personnel Director $11,194 - $14,552 106 Assistant Director of Public Works $11,107 - $14,440 112 Assistant City Engineer $10,912 - $14,186 192 Electric Utility Operational Technology Engineer $10,901 - $14,172 108 Electrical Engineer $10,882 - $14,147 155 Electric Utility Senior Project Engineer $10,882 - $14,147 68 Operations/Compliance Engineer $10,882 - $14,147 262 Power Plant Engineer II $10,882 - $14,147 135 Assistant City Attorney I $10,665 - $13,865 71 Assistant Director of Development Services/Building Official $10,656 - $13,853 138 Planning/Community Development Manager $10,364 - $13,473 93 Deputy Director of Public Works $10,180 - $13,235 60 Finance Officer $10,179 - $13,233 116 Electric Utility Resource Planner $10,177 - $13,231 110 Electric Utility Engineer $9,893 - $12,861 261 Power Plant Engineer I $9,893 - $12,861 50 Assistant Director- Community Services $9,790 - $12,727 182 Geographic Information Systems Manager $9,726 - $12,645 252 Municipal Utilities Manager $9,694 - $12,603 202 Transit Manager $9,454 - $12,475 103 Housing Manager $9,430 - $12,259 127 Building Official $9,261 - $12,039 72 Environmental Compliance Manager $9,148 - $11,893 95 Personnel Manager $9,006 - $11,708 90 Risk Manager $9,006 - $11,708 249 Field Foreman-Electrical Technician $8,927 - $11,606 151 Deputy City Attorney $8,925 - $11,603 75 Airports Manager $8,839 - $11,491 153 Deputy Building Official $8,555 - $11,122 195 Electric Utility Associate Resource Planner $8,480 - $11,025 105 Assistant Finance Officer $8,477 - $11,020 121 Electric Utility Engineering Associate $8,342 - $10,845 98 Administrator-Office of City Clerk $8,176 - $10,629 99 Administrator-Office of City Treasurer $8,176 - $10,629 131 Economic Development, Innovation and Equity Manager $8,048 - $10,463 92 Parks & Facilities Manager $7,745 - $10,068 51 Communication Manager $7,714 - $10,028 107 Energy Services Account Manager $7,653 - $9,949 136 Electric Utility Engineering Assistant il $7,584 - $9,859 130 Fleet Manager $7,506 - $9,759 56 Senior Personnel Analyst $7,489 - $9,736 Job Code Title Monthly Salary Range 209 Assistant Airports Manager $7,368 — $9,579 166 Purchasing Officer $7,053 — $9,169 150 Electric Utility Engineering Assistant i $6,894 — $8,963 113 Electric Utility Field Foreman $5,362 — $8,851 1�5 Management Assistant to the City Manager $6,807 — $8,849 185 Police Services Manager $6,520 — $8,477 165 Parks Superintendent $6,444 — $8,378 169 Recreation Superintendent $6,444 — $8,378 245 Executive Assistant to the City Manager $5,780 — $7,514 109 Reprographics Manager $5,780 — $7,514 CITY OF REDDING EXECUTIVE MANAGEMENT PAY-FOR-PERFORMANCE SA�ARY P�AN Effective: September 1, 2024 Job Code Title Monthly Salary Range 96 City Clerk (Elected Official) NO RANGE $600 97 City Treasurer (Elected Official) NO RANGE $600 30 Director of Electric Utility $21,028 - $27,337 31 Assistant Director of Electric Utility $19,116 - $24,852 35 Chief of Police $18,492 - $24,040 61 Electric Manager- Energy Management $17,378 - $22,593 84 Electric Manager- Engineering $17,031 - $22,141 83 Electric Manager-Operations $17,031 - $22,141 66 Compliance Officer $17,031 - $22,141 94 Chief Information Officer $16,236 - $21,108 88 Electric Program Supervisor- Energy Management $15,798 - $20,539 40 Fire Chief $15,753 - $20,480 76 Electric Manager- Power Production $15,549 - $20,214 62 Electric Program Supervisor-Transmission & Distribution $15,483 - $20,129 12 Assistant City Manager $15,363 - $19,973 77 Electric Manager- Line $15,310 - $19,904 63 Electric Manager-Customer Services and Metering $14,760 - $19,189 69 Electric Manager- Financial $14,760 - $19,189 86 Electric Manager- Resources $14,760 - $19,189 67 Electric Manager-Technology $14,760 - $19,189 42 Deputy Fire Chief $14,321 - $18,618 20 Director of Public Works $14,144 - $18,387 59 Electric Program Supervisor- Power Production $14,135 - $18,376 52 Director of Community Services $12,882 - $16,747 43 Director of Development Services $12,882 - $16,747 64 Director of Finance $12,811 - $16,655 18 Deputy City Manager $12,785 - $16,622 87 Electrical Engineering Supervisor $12,758 - $16,586 78 Electric Program Supervisor- �ine $12,758 - $16,586 41 Electric Program Supervisor- Meter Shop $12,758 - $16,586 80 Electric Program Supervisor-Substations $12,758 - $16,586 58 Electric Program Supervisor-Operational Technology $12,471 - $16,213 81 Electric Manager $12,225 - $15,893 134 Assistant City Attorney II $12,129 - $15,769 112 Assistant City Engineer $11,784 - $15,320 54 Cyber Security Officer $11,704 - $15,216 106 Assistant Director of Public Works $11,663 - $15,162 82 Electric Program Supervisor $11,643 - $15,136 276 Electric Program Supervisor-Compliance $11,643 - $15,136 274 Electric Program Supervisor-Customer Programs $11,643 - $15,136 275 Electric Program Supervisor-Customer Service $11,643 - $15,136 278 Electric Program Supervisor- Financial Services $11,643 - $15,136 89 Electric Program Supervisor-Service Planning $11,643 - $15,136 277 Electric Program Supervisor-Settlements $11,643 - $15,136 273 Electric Program Supervisor-Vegetation Management $11,643 - $15,136 260 Electric Utility Senior Resource Planner $11,643 - $15,136 Job Code Title Monthly Salary Range 65 Personnel Director $11,529 - $14,989 192 Electric Utility Operational Technology Engineer $11,337 - $14,739 108 Electrical Engineer $11,317 - $14,713 155 Electric Utility Senior Project Engineer $11,317 - $14,713 68 Operations/Compliance Engineer $11,317 - $14,713 262 Power Plant Engineer II $11,317 - $14,713 71 Assistant Director of Development Services/Building Official $11,189 - $14,546 135 Assistant City Attorney I $10,985 - $14,281 138 Planning/Community Development Manager $10,934 - $14,214 93 Deputy Director of Public Works $10,689 - $13,896 60 Finance Officer $10,688 - $13,895 116 Electric Utility Resource Planner $10,584 - $13,760 110 Electric Utility Engineer $10,288 - $13,375 261 Power Plant Engineer I $10,288 - $13,375 50 Assistant Director- Community Services $10,279 - $13,363 252 Municipal Utilities Manager $10,179 - $13,233 182 Geographic Information Systems Manager $10,115 - $13,150 103 Housing Manager $9,900 - $12,871 202 Transit Manager $9,454 - $12,849 127 Building Official $9,724 - $12,641 72 Environmental Compliance Manager $9,423 - $12,250 249 Field Foreman-Electrical Technician $9,375 - $12,187 95 Personnel Manager $9,276 - $12,059 90 Risk Manager $9,276 - $12,059 151 Deputy City Attorney $9,193 - $11,951 75 Airports Manager $9,104 - $11,836 105 Assistant Finance Officer $8,900 - $11,571 153 Deputy Building Official $8,898 - $11,567 195 Electric Utility Associate Resource Planner $8,819 - $11,466 121 Electric Utility Engineering Associate $8,676 - $11,279 98 Administrator-Office of City Clerk $8,584 - $11,160 99 Administrator-Office of City Treasurer $8,421 - $10,948 131 Economic Development, Innovation and Equity Manager $8,289 - $10,777 51 Communication Manager $8,138 - $10,580 92 Parks & Facilities Manager $7,976 - $10,370 107 Energy Services Account Manager $7,959 - $10,347 136 Electric Utility Engineering Assistant 11 $7,887 - $10,254 130 Fleet Manager $7,882 - $10,247 56 Senior Personnel Analyst $7,714 - $10,028 209 Assistant Airports Manager $7,589 - $9,866 166 Purchasing Officer $7,264 - $9,444 Job Code Title Monthiy Salary Range 150 Electric Utility Engineering Assistant i $7,170 — $9,321 175 Management Assistant to the City Manager $7,147 — $9,291 113 Electric Utility Field Foreman $5,362 — $9,205 185 Police Services Manager $6,846 — $8,901 165 Parks Superintendent $6,735 — $8,755 169 Recreation Superintendent $6,735 — $8,755 245 Executive Assistant to the City Manager $6,069 — $7,890 109 Reprographics Manager $6,069 — $7,890 CITY OF REDDING Unrepresented Salary Modification Recommendation Effective December 10,2023 �(}2�Ma�c S�#�r1'fctr ��urr�nt� �t�2���ge.,7_Ck��M�� �t��41��ge.,7_Ck�4 IU]�� � qggr���t���. ReI�tl�rns�ip� "� ��Sub�rdin�t�.`� N1ax S�i�ry `In�r���e: �al�ry tnc��a�e' S�►ar�+ IriCre�se t��er, :Gcrrnpress��� °inc�u���r�in�ei�t�ve C}ass�fic�t�c+r� {�or�thCy} Prc�posed;, (I�+ic�ritk,ly} Prapas�ci'. Ntc�r�th{Y, Twcr Ye�rs ; Af�er����: hr��z���#R�laiic�r��hip. pays ~ Chief of Police 20,6b4 10.80% 22,$95 ' S.00% 24,�40 ' 15.80% 12.68% At Ieast 10%above Police Captain 21,334 fire Chief ;19,2t11 ; 2.56% 19,69� 4.00% 20,4$(I ' 6.56% 10.00% At Ieast 10%above Deputy Fire Chief 18,618 At Ieast 11%above Battaiion Deputy Fire Chief 1.6,5�4 !,, 8.21% 17,9(72 ' 4.00% 18,618 12.21% 11.00% Chief/Division Chief 16,773 1 of1 MEMORANDUM OF UNDERSTANDING between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING and THE DESIGNATED REPRESENTATIVES of the REDDING POLICE MANAGERS ASSOCIATION EXECUTED: January 19, 1999,to be effective July 1, 1998 AMENDED: December 4, 2001,to be effective March 31, 2002 AMENDED: May 2, 2006,to be effective March 25,2007 AMENDED: May l, 2012�to be effective April 29, 2012 AMENDED: June 7, 2016�to be effective June 8, 2016 AMENDED: Amended June 5, 2018�to be effective June 6, 2018 AMENDED: Amended April 20, 2021s to be effective Apri121, 2021 A�IEI�L3EL�: A��r�d�d I;���c;la�be� 5, 2023 �� �a� ��f�c�iv� Z��c,��b�r 6 2��23 TABLE OF CONTENTS ARTICLE1: PREAMBLE........................................................................................................................................1 ARTICLE 2: RECOGNITlON..................................................................................................................................2 ARTICLE3: CITY RIGHTS.....................................................................................................................................2 ARTICLE 4: ASSOCIATION RIGHTS...................................................................................................................2 ARTICLE 5: CONCERTED ACTIVITIES..............................................................................................................3 ARTICLE 6: ASSOCIATION SECURITY..............................................................................................................3 ARTICLE 7: GRIEVANCE PROCEDURE...........................................................................................................34 ARTICLE8: SAFETY...............................................................................................................................................6 ARTICLE 9: INDUSTRIAL DISABILITY..............................................................................................................6 ARTICLE 10: EMPLOYEE STATUS......................................................................................................................6 ARTICLE 11: COMPENSATION AND CLASSIFICATIONS..............................................................................7 ARTICLE 12: HOURS AND OVERTIME...............................................................................................................9 ARTICLE 13: ADMINISTRATiVE LEAVE..........................................................................................................10 ARTICLE 14: SENIORITI'.....................................................................................................................................11 ARTICLE 15: PROMOTION AND TRANSFER..................................................................................................1 l. ARTICLE 16: DEMOTION AND LAYOFF..........................................................................................................11 ARTICLE17: LEAVES...........................................................................................................................................12 ARTICLE 18: EXPENSES......................................................................................................................................14 ARTICLE19: SICK LEAVE...................................................................................................................................14 ARTICLE 20: FUNERAL(BEREAVEMENT)LEAVE...................................................................................16� ARTICLE21: HOLIDAYS......................................................................................................................................16 ARTICLE 22: VACATIONS...............................................................................................................................1�� ARTICLE23: UNIFORMS.....................................................................................................................................19 ARTICLE 24: CONTINUING EDUCATION....................................................................................................20� ARTICLE 25: MISCELLANEOUS........................................................................................................................20 ARTICLE 26: GROUP EIVIPLOYEE HEALTH AND WELFARE PROGRAM............................................21� ARTICLE 27: RETIREMENT PROGRAM..........................................................................................................25 �1�'I'I�L,�:2�; I�IS�I�I�Ii��12�'�1��'�;�I��12�C���3i112�:...dmem...,,msW�„em..,.W,,.,W,.ds..,.d�ema.am,e�W.,,em..,dm,,.sW,.ds..,..�.m,.a2$� ARTICLE�29: TERM.......................................................................................................................................2�� ARTICLE�330: SAVINGS PROVISION..........................................................................................................2�� ARTICLE�:il: EFFECT OF AGREEMENT..................................................................................................2�� ARTICLE�32: EMERGENCY PROVISION..................................................................................................29� ARTICLE�-333: ENTIRE AGREEIVIENT.........................................................................................................293� EXHIBIT"A"—SCREDULE OF SALARY RANGES EXHIBIT`B"—JOB DEFINITIONS EXHIBIT"C"—REDDING POLICE DEPARTMENT SUBSTANCE ABUSE POLICY MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF IJNDERSTANDING, made and entered into this 19th day of January, 1999, by and between the designated representatives of the CTTY OF REDDING (a public agency as defined in Section 3501(c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as the City, and the designated representatives of the REDDING POLICE MANAGERS ASSOCIATION (a recognized employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as Association; WITNESSETH: WHEREAS, the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, the Association and the general public may benefit therefrom, and to establish fair and equitable salaries, hours and working conditions for certain hereinafter designated employees of the City; NOW, THEREFORE,the parties hereto do agree as follows: ARTICLE 1: PREAMBLE 11 The parties acknowledge the provisions of Chapter 10 (Subsection 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, color, sex, sexual orientation, citizenship status, marital status, ethnicity, age (for people 40 and older), religion, gender identity, gender expression, genetic information, national origin and ancestry, political affiliation, creed, military or veteran status, physical disability, mental disability, medical condition or any other characteristic protected by state or federal law. 1.3 The City is engaged in rendering services to the public and the City and the Association recognize their mutual obligation for the continuous rendition and availability of such services. 1.4 City employees shall perform loyal and efficient work and service and sha11 use their influence and best efforts to protect the properties of the City and its service to the public and sha11 cooperate in promoting and advancing the welfare of the City and in preserving the continuity of its service to the public at all times. 1.5 The City and the Association shall cooperate in promoting harmony and efficiency among City employees. The parties have met and conferred in good faith and have reached agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes between the parties. The Association agrees that it will follow the procedures as set forth in this Memorandum of Understanding or the bargaining process required by the Meyers-Milias-Brown 1 Act and will make every effort to persuade its members to also use the established procedures, rather than to use any other method or forum such as appeals directly to the news media or the City Council for resolution of problems or disputes arising out of this Memorandum of Understanding. ARTICLE 2: RECOGNITION 2.1 The City recognizes the Association as the "Majority Representative" of all employees of the City Police Department who hold a classification listed on E�ibit "A" of this Memorandum of Understanding. The provisions of this Memorandum of Understanding hereinafter set forth shall apply only to those employees of the City of Redding for whom the Redding Police Managers Association is the established majority representative. ARTICLE 3: CITY RIGHTS 3.1 Notwithstanding anything to the contrary, the Redding Police Managers Association recognizes and accepts the right of City of Redding management to manage the City. It is agreed by the parties to this Memorandum that management rights include, by way of illustration and not by way of lilnitation, the following: (a) the full and exclusive control of the management of the City; (b)the supervision of all operations, methods,processes and means of performing any and all work, the control of the property and the composition, assignment, direction and determination of the size of its working forces; (c) the right to determine the work to be done by employees; (d) the right to change or introduce new or improved operations, methods, means or facilities; and (e) the right to hire, classify, schedule, promote, demote, transfer, evaluate, release and lay off employees and the right to suspend, discipline and discharge employees and otherwise to maintain an orderly, effective and efficient operation; provided, however, that all of the foregoing shall be subject to the express and explicit terms and provisions of this Memorandum of Understanding. ARTICLE 4: ASSOCIATION RIGHTS 4.1 Official representatives of the Association wi11 be permitted access to City property to confer with City employees on matters of employer-employee relations, b�ut such representatives shall not interfere with work in progress without agreement of Management. 4.2 The City and the Association will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of the employee's membership or non-membership in the Association or the employee's activity on behalf of the Association. 4.3 Any employee, at the employee's reguest, shall be permitted representation by an Association representative on any grievance or disciplinary matter. In particular, the parties acknowledge the provisions of California Government Code Section 3300 et. seq. as it exists or may be subsequently amended by the California L,egislature. 4.4 Joint Association-Management meetings shall be held as often as agreed upon by the Association and Management. The purpose of these meetings shall be to promote harmony and efficiency and to improve communications between employees and all 1evels 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 2 formal negotiations between the parties. Those in attendance shall consist of the Association's Negotiating Committee and the City's Police Chief, the City's Personnel Director and such other management personnel as determined by the Personnel Director. The meetings shall be summarized in written minutes. Except that the provisions of this section shall be observed, the meetings shall be self-organizing. ARTICLE 5: CONCERTED ACTIVITIES 5.1 The duties performed by employees of the City as part of their employment pertain to and are essential to the operation of a municipality and the welfare of the public dependent thereon. During the term of this Memorandum of Understanding, employees shall not partially or totally abstain from the performance of their duties for the City during or outside of regular work hours. 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 and in considera�ion thereof, the City shall not cause any lockout. Those employees who do individually or collectively, partially or totally abstain from the performance of their duties for the City sha11 be subject to disciplinary action up to and including discharge from employment without recourse. ARTICLE 6: ASSOCIATION SECURITY 61 The City shall deduct from their salaries, the regular membership dues of the employees who are members of the Association and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157.3 of the Government Code of the State of California. 6.2 Deductions sha11 be made from the second payroll period of each month and a check for the deduction shall be submitted to the Redding Police Managers Association within five (5) working days of the date the deductions are withheld from the employee's check. Deductions may include individual insurance and benefit programs. 6.3 The Association sha11 notify the City of any employee who has given the Association written authorization for deduction of any Association dues or fees. The Association certifies that it shall collect and will maintain records of individual employee authorizations for deductions of said dues or fees. The Association agrees to notify the City of any changes in employee authorizations to deduct Association dues or fees. The City shall rely on the Association's certification of any dues and fees authorized by an employee and will not require the Association to provide a copy of the employee's authorization unless a dispute arises about the existence of terms of the authorization. Any inquiries by employees regarding Association dues or fees should be directed to the Association. 6.4 In the event that any provision of this article is declared by a court of competent jurisdiction to illegal or unenforceable, the parties agree that the City will cease abiding by such provisions. � ARTICLE 7: GRIEVANCE PROCEDURE 3 7.1 A_ grievance is �� dis �at�which may arise between a Regular employee and the City with respect to the interpretation or application of any of the terms and conditions of tl�is ��rr�c�rar�d��� c�f �Tl�d�,��t���dr�� ����}�t fc�� �1�� fc�llcswir��; �n�tt�r� t13at �r� ��s��ud�t� frc�rri t�1� d��'�ni�ion�f a�v�n�;�; � h�T�tt�rs that ar� i��1�d�d i� the ct��t�iti�r� �f i������� as ��t fe���t� i�� �it�r 1����l�tic��� I�c�. 2012-091w ��st��li�hn�zer�t�f��I�v��ay s�h�d�l��; and � �1���a�s i�zvc�l�ir�� �lsc���alil��ry ��ti�ns ���t ��� ��b}��t t� Ar���l� 2� �L?is�z�l'z��rv 1����al �'rc���t�tt�°el �f t�1i� �i�l�c��a�a���z� �f�Jrzd�rst�n�ir��. .. . y . . . y .. .. . _ . . .. . . � . . . . . .. . �. . . 9 . . . .. . . . . . .. .. , ... a . . . . g . y . . . . . , > . . Every employee designated by the City to hear grievances shall have the authority to settle them. � ' �° � ' g . �, . , . . Step 1: The initial step in the resolution of a grievance shall be a discussion between the I � ,=t��°i�va��t and the immediate Supervisor directly involved, who will answer within ten (10) calendar days. This step sha11 be started within thirty (30) calendar days � of the date of the action complained of or the date the (��rievant became aware of the incident which is the basis for the grievance. This step may be taken during the working I hours of���n employee. I Step 2: If a grievance is not resolved in ��-���I---�#����� 1, the ���d---�ext step sha11 be the presentation of the grievance, in writing, to the Chief of Police, who will answer, in writing, within ten (10) calendar days. This step shall be taken within ten (10) calendar I days of the date of the immediate supervisor's answer to Step�1. � Step 3: If a grievance is not resolved in �-��°� . �, st���2, the �r-�--�cx� step shall be the presentation of the grievance, in writing, to the City's designated labor relations representative, who shall conduct an investigation and attempt to resolve the grievance. If no resolution of the grievance is achieved, the City's designated labor relations I representative sha11 provide the 1���--£�"ari�v�r�t with the City's answer to the grievance in writing. This step shall be taken within ten(10) calendar days of the date of � the Chief of Police's answer to Step�2. I Step 4: If the grievance is not resolved in the �°�i�St���_3__, the �---���t step shall be the presentation of the grievance, in writing, to the City Manager or designee, who shall 4 answer, in writing, within ten (10) calendar days. --� ,�This step shall be taken within ten(10) calendar days of the date of the answer to Step���3. , . . , . . > , �"� ' ` ' ' ' ` ' ' ` ����°�� Step 5�: If a grievance is not resolved ` �� �'� , ;,��t �t��� 4 of this procedure, the .` �---r���� step shall be referral by��'�°���'���`�'�r���°the�€��c���ri�v���to arbitration. ����� ��:�1�°��tz��t b� tl�� C�ri�var�t t� �r���;�d t€s �r�ait�°��ic�n sh�11 (�� ��b��i�t�,d tc� th� �it� �i�����r within ��v�s��20} �a1�r�c�ar c��ys c��'t1�� �at� �f�I�� �nsw�� �� St�� 4. ��t�r � �� ��st f��r �rb�trat�c�� i� r���e i� a ti���lv fa�����r� bv t1�� �r��v�ntg t�e �art��� �z��% �tat�ali� a�r�� t� st��th� �rbitr�tit�n�arc����dii��� at ��v�c�itat z�tir�� tc� r�i�r t��� sn�tt�r tc����diat�c���h�c�u h tl��C;alifc���s�� Stat�1��t�i�tr�r�ar�� �'c�llc;ili�t��� �� i��{��I�S� (a) An Arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. The arbitrator shall be chosen by mutual agreement of the City and �' {����v����. In the event that City and the �-�- ,=C�rieva�� or their representative� are unable to agree on the selection of an Arbitrator �vithi� �v� �5� c;�1c,r�4�a� d�vs c�f th� �ity's r���i�� ��a r���st b�th� CT�i����t tc� ��zbanit � �ev�n�� t� arbitr��i�n �he �`�t� �il� scsli�it � Ii�t �� fiv� (5) arbit�a�to�°s f�°�s S�T��, � , , The City and the �-' C�ri�v�nt or their representa�ive 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 the Arbitrator and their compensation and expenses shall be borne equally by the City and the t�r$�vant. Notwithstanding the foregoing, the City and the � �i�ieva�t may, by mutual consent, agree on a single arbitrator to hear grievances, on the same cost-sharing basis. The City and the C�r������t shall pay the compensation and expenses of their respective witnesses. At the �� '� �n-i�var�t'� or their representative's request, the City shall release employees from duty to participate in arbitration proceedings. (b) The Arbitrator shall hold such hearings and sha11 consider such evidence as to the Arbitrator appears necessary and proper. The decision of the Arbitrator shall be I final and binding on City and the �� C"�ri�v�z�t, provided that such decision does not in any way add to, disregard or modify any of the provisions of City policies,resolutions or ordinances. 5 7.2 Failure by the C�i�v�.�t to meet any of the aforementioned time limits as set forth in Steps 1, 2, 3, �, a��S��a�will result in forfeiture c�f"th��i�v�r���. If the City fails to answer a grievance on a timely basis, the grievance may be advanced to the next step. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture sha11 not bind either party to an interpretation of City policies, practices, resolutions or ordinances, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 7.3 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 intervention of the Association, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding, and further, provided that the Association shall be given an opportunity to be present at such adjustment. The Association shall not be liable for any costs of arbitration for any grievance that they are not representing the individual. Such costs shall be borne by the individual grievant. ARTICLE 8: SAFETY 81 The City desires to maintain a safe place of employment for City employees and to that end City management shall make a11 reasonable provisions necessary for the safety of employees in the performance of their work. ARTICLE 9: INDUSTRIAL DISABILITY 9.1 An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee's ability to perform, pursuant to the City's Modified Duty Policy. 9.2 If a third party is found to be responsible for the employee's industrial injury and the employee recovers a judgment in damages from said third party, then all supplemental benefits received not already repaid from the other sources shall be repaid to the City by the employee. 9.3 Vacation and sick leave shall accrue while an employee is absent from work and receiving the supplemental benefits as set forth in Section 4850 of the Labor Code of the State of California. Regular employees while receiving Workers' Compensation temporary disability benefits, may, at their option,maintain their group health and welfare insurance coverage for up to a maximum of a cumulative total of five (5) years, which includes one (1) year of 4850 paid time, providing the employee pays his or her share of the monthly premium to the City of Redding City Treasurer on or before the first day of the month for which the premium is intended. ARTICLE 10: EMPLOYEE STATUS 6 10.1 Employees will be designated as Regular or Temporary, depending upon the purpose for which they are hired and their length of continuous service with the City. 10.2 A Regular employee (Status 3) 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 Regular 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, health and welfare insurance coverage as the employee becomes eligible. 10.3 A Temporary employee (Status 9) is defined as an employee hired for temporary, occasional or seasonal work for a period not to exceed 1,000 hours in a fiscal year. A Temporary employee shal] receive not less than the minimum rate for the job,but shall not be eligible for sick leave pay,holiday pay, vacation pay, or items of a similar nature, nor shall the employee be eligible for health and welfare insurance coverage ar retirement plan participation, nor shal] the em�ployee accrue seniority, or promotion and transfer rights, or leave of absence rights. If a Tem�porary employee moves to another status, the employee shall not be credited with the employee's service as a Temporary employee in determining eligibility for benefits. 10.4 Probationa�ry Periods: Regular employees shall serve a probationary period of one (1) year upon initial appointment to each status. Such probationary period is considered to be a continuation of the selection process and employees may be terminated from employment or demoted without recourse, pursuant to the grievance procedure. An elnployee's probationary period sha11 be extended by the duration of any paid or unpaid absence of two (2) or more consecutive pay periods. Probationary employees shall be evaluated after six (6) months of service and as often as determined by the employee's Supervisor. The probationary period will start over for any employee who transfers to another position during the probationary period. The probationary period may be extended in circumstances where further evaluation of the employee is necessary. Temporary employees do not serve a probationary period, as the appointment is temporary by definition and can be terminated at any time. 10.5 Re-employment: With the recommendation of the Chief of Police and approval of the Personnel Director, a past employee who both passed the probationary period and resigned in. good standing may be re-employed within two (2) years of the effective date of resignation, to a vacant position in the same classification. Such re-employment shall, for all purposes, be considered as though it were an original appointment. The reinstated employee sha11 serve a new probationary period. ARTICLE 11: COMPENSATION AND CLASSIFICATIONS 11.1 Consistent with principles of public accountability, employees sha11 be paid the salary established for their classification. Attached hereto and made a part hereof is Exhibit "A" titled"Schedule of Salary Ranges". Upon initial appointment to a classification, an employee shall normally be paid the lowest salary rate for that classification. An employee may, however,be paid a salary rate above the lowest salary rate if circumstances justify it. When an employee is appointed to a higher paid classification, the employee sha11 be paid at the salary rate of the classification to � which the employee is being appointed, which is at least five percent (5%) more than the employee's present salary rate, but not more than the top salary rate of the classifica�ion to which the employee is appointed. 11.2 The effective date of any salary rate shall be the first day of the pay period closest to the anniversary of an employee's employment date, following qualification for the new rate. Effective Apri1 21, 2021, any future promotion or change in assignment to a higher paid classification pursuant to Section 15.1, does not change the anniversary date for Compensation increases. A full pay period as used herein is defined as one in which the employee works or is paid for at least half of the regularly scheduled work hours. 11.3 Salaries shall be paid at bi-weekly intervals by direct deposit on Thursdays at the end of the employee's work period after 12:00 noon for a pay period ending no earlier than the preceding Saturday. If a payday fa11s on a fixed holiday, payments sha11 be made on the preceding workday. 11.4 When an employee is temporarily assigned to work in a lower-paid classification than the employee's normal classification,the employee's salary wi11 not be reduced. 1 LS Whenever a Regular employee temporarily is assigned by the City to replace an absent employee in a higher-paid classification and the employee performs a substantial majority (greater than fifty percent (50%)) of the absent employee's duties for a full work day, such employee shall have their salary rate increased by five percent (5%), but not to exceed the range of the higher class. Approval is required by the Chief of Police. 11.6 When an employee covered by the provisions of this agreement is temporarily assigned to and performs a11 of the duties of a vacant position in a higher classification for a period that extends beyond one full pay period, and whose salary range is at least five (5%) percent higher than the range of the employee's regular classification, that employee shall be compensated at the lowest step in the higher classification that provides an increase to the assigned employee of at least five (5%)percent. Chief of Police and Personnel Director approvals are required. 11.7 Shift differential shall be paid as follows: ' SRIFT ' pAY PERCENTAGE Graveyard 5% Swings 3.5% 11.$ POST and educational incentives sha11 be paid to those employees who qualify as follows, with a 12.5% incentive pay cap for both POST/educational incentives in this section and Bilingual pay incentives in Section 11.11 below (not including the $130 education incentive pay), and be included in the regular rate of pay: PAY REQUIREMENTS 2.5%Plus�130� �� Associate of Arts or Science degree, or sixty(60) semester units,or a POST i Intermediate Certificate. 8 5.0%Plus$130*� POST Advanced Certificate. 2.5%Plus$130�'� �� Bachelor of Arts or Science degree. 2.5%Plus$130*��� '�� Master's degree,POST Command College or FBI National Academy. The annual additional educational incentive shall be $130 to be paid in equally divided installments with the City's regular bi-weekly payroll processing. The additional education incentive will be added to any one (1) educational incentive pay. 11.9 The City Manager may, based upon outstanding job performance, grant an exempt employee a one-time salary increase up to ten percent (10%) above the top of the salary range for a period not to exceed one (1) year. This one time increase is not cumulative and the employee would revert to the employee's regular salary rate at the end of the one year period. 11.10 The parties agree to meet and discuss compensation during the term of this agreement should the top of the salary range differential between Police Corporal and Police Sergeant increase or decrease by more than 3.5 % at the expiration of either this agreement or the expiration of any MOU between the City and the Redding Peace Officers Association during the term of this agreement. 11.11 Bilingual pay shall be paid to qualified employees who have been designated by the Chief of Police, or designee, to utilize bilingual skills (including sign language) as follows and be included in the regular rate of pay: PAY REQUIREMENTS 2.5% Proficient 5.0% Fluent The Redding Police Department will designate the languages recognized as eligible for the incentive pay and wi11 develop revised testing processes. The Chief of Police will determine the number of employees at the "fluent"level. 11.12 Temporary upgrade pay in the amount of five percent (5%) over base pay shall be paid to those Sergeants and Lieutenants assigned by the Chief of Police, via a Personnel Order, for the time spent actually performing designated specialty assignment functions. Examples of these assignments include the following: crowd control, defensive tactics, bomb disposal, field evidence, field training officer, hostage negotiator, honor guard, range master, SWAT, armorer, certified department instructor, i.e., first aid, force options, TASER, Unmanned Aerial Vehicle (UAV), etc. Assignments not mentioned above shall require the advance approval of the Personnel Director. ARTICLE 12: HOURS AND OVERTIME 12.1 A11 Regular employees wi11 receive full time employment for each workweek employed, provided they report for duty and are capable of performing their work. This is not to be interpreted that the City does not retain the right to lay off or release employees on account of lack of work or other valid reason at the end of the workweek. 9 12.2 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through Saturday, and employees wi11 be assigned work schedules consistent with department needs, which include the following work schedules: • Eight(8)hour shifts, which constitute five 8-hour workdays in a 7-day work period • Ten(10)hour shifts, which constitute four 10-hour workdays in a 7-day work period; and • Twelve and a half(12.5)hour shifts, which constitute six 12.5-hour workdays in a 14-day work period with an additional 10-hour shift every other 14-day work period. Police Sergeants assigned to Field Operations shall select watch and days off by seniority, which, for this purpose, shall be defined as time in grade with the Police Department. The basic workweek may begin on any day of the week or at any hour of the day during the workweek. Shift employees may be assigned any hour and/or days of work. The basic workweek indicated above may be modified by mutual agreement of the City and the affected employee(s) in those situations where such a modification serves the interest of both the City and its employees. 12.3 Exempt employees, who as a result of their exempt status are not eligible for overtime pay or compensatory �ime off, will not have their leave balances (vacation, sick leave, etc.)reduced for absences of less than four hours. Direct supervisor approval is required. 12.4 Overtime and Regular Rate of Pay (a) Overtime. Exempt employees shall not receive any compensation for overtime work, except for employees who are eligible to receive one and one-half(1'/2) times their regular pay when assigned to perform service on a non-work day or beyond normal work hours. The foregoing provision shall only apply when such service is eligible for reimbursement through the State of California or the Federal government, regardless of the actual amount reimbursed to the City, if any.—This provision shall also apply to hours worked on programs that are pre-approved for funding through a State or Federal grant if a supervisor's service is required by the grant or by police management. In either case, police management must approve the overtime prior to the employee being eligible for the overtime. (b) Re�ular Rate of Pay. Items included in determining the regular rate of pay for purposes of calculating overtime,retirement and other regular pay calculations (i.e. holiday pay) shall include the pay rate as established in the pay range by the employee's classification, education incentive pay, bilingual pay incentive, and shift differential pay, as applicable to each individual employee covered under this MOU. ARTICLE 13: ADMINISTRATIVE LEAVE 10 13.1 In recognition of the inapplicability of additional compensation, specifically overtime and compensatory time off, exempt employees may be eligible for up to forty (40) hours paid administrative leave per calendar year with Chief of Police approval and up to eighty (80) hours paid administrative leave per calendar year with City Manager approval. Administrative leave is granted on the payroll period closest to January 1 and must be used by the end of the last pay period in December of each year or time is forfeited without compensation. Employees are to schedule administrative leave in the same manner as vacation with the approval of the Chief of Police. Employees appointed to an exempt position after the first of the year may be granted leave on a prorated basis. Administrative leave balances may be adjusted when employees separate employment prior to the end of the calendar year. For Sergeants assigned to Investigations and Traffic only, up to one hundred (100} hours may be granted per year upon the recommendation of the Chief of Police, and will be subject to City Manager approval. Such recommendations and approval wi11 be based on demonstrable and extraordinary workload changes due to the unique nature of these assignments. ARTICLE 14: SENIORITY 14.1 Seniority is defined as total length of continuous service with the City. In determining an employee's seniority, the continuity of this service will be deemed to be broken by termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff, (4) failure to return immediately on the expiration of a leave of absence or acceptance of other full�ime employment while on leave, and (5) unexcused absence without pay, without a leave of absence. Continuity of service wi11 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 en�itled to reemployment rights, (b) on duty with the National Guard, (c) absent due to industrial injury, or(d) on leave of absence. Seniority, as defined in this section, does not apply to preference for shift scheduling or vacation scheduling. ARTICLE 15: PROMOTION AND TRANSFER 15.1 All promotions and transfers sha11 be in accordance with standards and procedures as determined by the City. 15.2 Promotional appointments will be probationary for one (1) full year. If the probationary period is not successfully completed, the employee shall be returned to the classification from which they were promoted; provided, however, that such return rights do not apply to an employee who was discharged for cause while serving a probationary period. ARTICLE 16: DEMOTION AND LAYOFF 16.1 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 Temporary employees are to be laid off, no notice of layoff need be given. Within each classification, all employees, other than Regular employees, 11 sha11 be laid off prior to Regular employees being laid off. Employees serving an initial probationary period will be laid off prior to employees who have completed such period. Regular employees shall be laid off in the reverse order of seniority in the classification with the least senior employee being laid off first. Whenever two or more Regular employees in the same class have the same amount of class seniority, ties will be broken by giving greater preference to the employee with greater department seniority. If the tie is still unresolved, the tie shall be broken by giving greater preference to the employee with greater City seniority. If the tie is still unresolved, the tie shall be broken by lot. 16.2 An employee who has been laid off may elect to displace an employee in a lower paid class in the bargaining unit provided the employee has greater combined seniority than the employee to be displaced, calculated by adding seniority in the laid-off class to seniority in the lower-paid class. Whenever an employee demotes to a lower-paid class, the employee shall be placed within the salary range for the new class and closest to the employee's previous salary rate. 16.3 Laid-off employees sha11 be kept on a reemployment list for a period of two (2) years from the date of layoff, and shall have preferential rehire rights to the class from which the employee was laid off in the reverse order of layoff. Whenever it becomes necessary for the City to notify a laid-off-employee of a reemployment opportunity, the City shall do so by use of registered mail to the employee's last known address as supplied by the employee. Reemployment shall be based upon the laid-off employee's ability to meet current employment standards. If an employee does not accept reemployment, the employee's name shall be removed from the reemployment list and the employee sha11 no longer have reemployment rights. If a laid-off employee is subsequently re-hired off a reemployment list into a classification covered under the terms of this Memorandum of Understanding, the employee's unpaid sick leave balance, original hire date, and vacation accrual rate will be reinstated. 16.4 Sworn departmental management classifications may demote into the Redding Peace Officers Association bargaining unit. 16.5 In the event of potential layoffs, discussions will occur outside of the meet and confer process as to early retirement options that may be available. ARTICLE 17: LEAVES 17.1 A leave of absence may be granted to employees by the Ci�y Manager for urgent and substantial reasons, up to a maximum of one year, providing satisfactory arrangements can be made to perform the employee's duties without undue interference with the normal routine of work. Employees in an initial probationary period or Temporary status are not eligible for leave of absence. 171(a) A leave 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. 171(b) All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employ- 12 ment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. An employee is required to submit medical certifications as to the conditions necessitating the leave if the leave is a result of exhaustion of sick leave. If the leave should exceed the initial request, the employee is responsible for requesting additional time off and providing current medical certifications and return to work dates. Ir��bil���r to r�tc�� t� �car1� �ft�r �� �1� 1c� �e's si�k le�Vc, h�s ���n ���a��t�d �i11 �� �c�r�si��r�d �ith s��� �r�d f�d���1 di��l�i1i� ��c;c�lrsr�ac����ic�i� ��d l�av� �af�bs�r���; ���s i� c��t�r�ni�i�1� w1��th�r t� �r��t t1�e l���r� o�ab�����, Upon an employee's return to work after a leave of absence, the employee will be reinstated to the employee's former position and working conditions, providing that the employee is capable of performing the duties of the employee's former position, except that if there has been a reduction of forces or the employee's position has been eliminated during said leave, the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence. 171(c) An employee's status as a Regular employee will not be impaired by a leave of absence and the employee's seniority will accrue. 17.1(d) If an employee fails to return immediately on the expiration of the employee's leave of absence or if the employee accepts other employment without prior City approval while on leave, the employee will thereby forfeit the leave of absence and employment with the City may be terminated. 171(e) An employee on a leave of absence as provided herein sha11 not accrue vacation or sick leave benefits nor maintain group health and welfare insurance coverage. An employee may, if eligible, maintain group health and welfare insurance coverage at the employee's expense providing the full monthly premium is received by the City Treasurer 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 health and welfare insurance may be maintained for up to three (3) calendar months in one twelve month period on the normal premium-sharing formula, providing the employee pays the employee's share of the premium on a timely basis. 17.2 Family and medical leave for employees shall be administered in accordance with the provisions of the Federal Family and Medical Leave Act(FMLA), 29 USC Section 2601 et seg., and the provisions of the California Family Rights Act (CFRA), Code of Regulations, Title 2, Division 4, Section 7297.0 et seq., as may be amended from time to time. 17.3 Pregnancy Disability Leave shall be administered in accordance with the provisions of California Code of Regulations, Title 2, Division 4, Section 7291.2 et seq. 17.4 I��t�rcadt�����e I,c��s I.,����c�f A�s�n��s: �rn�lc��s c�h�a �r� �b��r�t fr�� �c�r�clta�tcs �1-��r�d��ti��lc�ss �v��t�r� �li�il�l�ft��°� �c� �v����y� c�f�rc�ti��t�� ls����p�r�v��1t, stib'��t tc�a �s���ir���ar� c�f t��i� �24�Y� ir� � 12-��a�tl� ���°ic�c�. "`�Z�;��oc���tiv� ���� ev�r�t" i� d�ti��;d �� "th� d�v�rq fc�r�aalti�l� d��_r�ts, the. �ir��.l ���� c��'a �`�.i��d ad� �� ic�r�, fail�c� surrc��a��a�su�c���sftzl ���i�t�;d r��rraci��ti�n,"' �'h� r��rc�el�z�ti�� lt�ss 1�:�ve is t�r���i�, h�w�v�i � �lc�y��s � t��� �v�il�b1� ��c; ���aid dc;��� ��c3� �� vacat�c�ra �ic;l� �i � ��f��°�� ti�n� �ff c���� �n���c��°y t�i�� c��f 13 �tc, The r��ar�>c��t�tiv� 1c��s 1��v� r�2u�t b� �ak��a i�1�ir� �h��� f3 ra������� c��the r�prc�d�at�tiv� l€�s� �v��tg b�at th����v�ci�v�c���c�t r���ci t��b� �;������tiv�, I 17.54- Vacation Donation Program: (A) This program has been established to allow employees to donate aecrued vacation hours to an eligible employee in need. The purpose of this program is to provide a means by which the eligible employee may obtain authorized paid time off. Employees eligible for the program must: • Be a Regular employee already having completed an initial probationary period; • Have a verifiable long-term illness or injury (non-work related). For this program, long term is defined as no less than four (4) weeks in duration. It is the employee's responsibility to eomplete and return a Request for ponation form to the Personnel Department and attach to it a letter from a licensed physician certifying that the employee has a long-term illness or disabling injury of at least a four-week duration; • Have exhausted all aeerued leaves, including advanced sick leave benefits, resulting in the employee being in an unpaid status if on approved leave; • The employee is not eligible for long-term disability insurance benefits; • Have the concurrence of the Chief of Police and Personnel Director. (B) Once an employee is determined eligible, a posting wi11 be distributed and use of the donated hours wi11 start as soon as possible. (C) When utilizing the donation program, recipients shall receive their regular rate of pay, as if being on paid leave status. The benefit sha11 be payable on regularly scheduled paydays. A minimum of twenty (20) hours per week must be utilized when there are available balances. As with paid leave status, recipients shall continue to be eligible to participate in the group health and welfare benefits provided by the City. ARTICLE 18: EXPENSES 18.1 Reimbursement for expenses incurred while condueting City business, i.e., traveling to authorized meetings, seminars, training sessions, luncheons and other events approved by the Chief of Police shall be in aecordance with the provisions established in the City Council resolution for Unrepresented employees. 18.2 The City shall pay the reasonable cost of repair or a prorated replaeement of uniforms, glasses, watches or other personal property up to three hundred dollars ($300.00) damaged in the eourse of employment. Personal property will be limited to items reasonably necessary for the employee to have while on duty to perform their job funetion. This provision does not apply to items lost or damaged as a result of negligence of the employee. ARTICLE 19: SICK LEAVE 14 19.1 Sick leave with pay shall be accumulated for each Regular 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, or 3.68 hours�er�ay period.) 19.2 Sick leave shall be allowed for a non-work related absence due to: � The inability of an employee to be present or perform his or her duties because of personal ' physical or mental illness, off duty injury or confinement for Inedical treatment � , The ability to attend personal medical or dental appointments, which are impractical to schedule outside of regular working hours. The need to be present during childbirth, surgery, critical illness or injury involving � members of the immediate family as defined in 20.1, for up to forty (40) hours per incident. � For family sick leave up to forty-eight (48) hours per calendar year for members of the immediate family as defined in 20.1. No person will be paid both sick leave and industrial injury leave pursuant to Labor Code Section 4850 on the same day; however, in cases of claimed industrial injuries where the City or its insurer is denying liability, accumulated sick leave may be used. 19.3 Management may require satisfactory evidence of sickness or disability, if an attendance problem has been identified as defined in the City's Discipline Policy, before payment for sick leave wi11 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 at City expense by a physician or physicians approved by City for the purpose of determining that such employee is fit and able to perform the d�uties of the employee's former position without hazard to the employee, fellow employees, or the employee's own permanent health. 19.4 In the event an employee exhausts a11 paid leave as a result of an illness or injury, and subject to the approval of the Chief of Police and Personnel Director, such employee may be advanced sick leave from the employee's future accruals up to 80 hours. Once the employee returns to duty, sick leave accrual hours will be applied to the negative sick leave account until it is zero. Should the employee terminate City employment with a negative sick leave balance appropriate adjustments would be made to final paid leave cash pay-outs or other City monies owed the employee. If insufficient funds are due to the employee by the City,the employee shall directly reimburse the City for advanced sick leave in excess of the funds,if any,previously withheld. Such direct reimbursement will be waived for employees who are terminally ill or totally disabled (100%). 19.5 Any employee who after ten (10)years but less than fifteen(15)years of continuous service to the City terminates employment shall be paid at the employee's regular pay rate for thirty-three and one-third percent (33 1/3°l0�%) of the employee's accumulated sick leave hours. For employees with fifteen (15) years but less than twenty (20) years of service, the percentage set forth above shall be increased to forty-five percent(45%). For employees with twenty(20)years or more service, the percentage set forth above shall be increased to sixty percent(60%). 15 19.6 Effective January 1, 2011, upon retirement, any sick leave pay out the employee is eligible to receive will be transferred into the VantageCare Retirement Health Savings Plan on a pre-tax basis. The sick leave pay out amount will be calculated using the percentage levels described in Section 19.b5 above. However, if the sick leave payout is less than $5,000, then the employee is not entitled to participate in the VantageCare Retirement Health Savings Plan and shall receive a cash payout as described in Section 19.65 above. Any sick leave amount remaining will be used as service credit toward the employee's retirement benefit through Ca1PERS, pursuant to the contract between the City of Redding and CaIPERS. I ARTICLE 20: BEREAVEMENT�LEAVE 20.1 Regular 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 �r r��t�r�d d�ar���sti� part�l�r9., children_i��1�ac�i� isc�r��� ��s;s �.�d��tillbi��ths , grandchildren, brothers, sisters, parents, or grandparents of either employee or spouse; or other persons who are living in the employee's immediate household. The relationships included herein shall apply whether by blood or marriage. �i��lc����s �r� �11���d tc� t�k� t�� to fiv� �5� tc�t�� wc�rk d��s clta� �c� th� d�dt�� �f �h� �n��lc����'s ��i�r���c����� f��i1�9, i�� ��c;csrdan�� �vi�h {�c�v� i���t �'c�d� s�c�ic�r� 1294�.7, E t�l����s �hcs h�v� �x11��st�d th�ir �1]c�w�r���; c�f paid l�av� �s ���c)�idecl i�a this s�c;tic��1 �y� r�c��,���t to �atili�� si��� 1�av� v���tic�r� �ar c;c� t��r�satc�rv til�� c�ff t�� tzr�p��t� l�av� i�`th� ��nplc�y�e �rar�t� t� ��k� �dd'ztic�»�1 ti � t�ff t�� ts� th� fiv� {�} ts�tal �c�rk ciay� c�f 1���� prc�vid�d, ���1� b�r��v� ��t l�d�� fa�r ir���n�;c��at� fa i�� �s r�vid�� i�this ��ct�c�r��z��� r��t b��k�r�i� cor�s���tiv�a��t���1a�t���st b��sed�i�� �ithi�z th��� (3� r��c�r�ths �f th�dat�c���1��t���t����h�i�rr��cii�t�f�rs�il�rr���b�r. 20.2 Regular employees who are absent from work to attend the funeral of a person other than an immediate family member, who has some reasonable association to the employee (i.e., friend or acquaintance), 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. A maximum of twenty-four(24)hours may be utilized for this type of leave in a calendar year. 20.3 An employee must be in a paid status on both scheduled workdays immediately I adjacent to ��--b�r����rn�r�t leave in order to receive pay for such leave. ARTICLE 21: HOLIDAYS 21.1 The first pay period of December of each year, Regular employees shall be credited with one hundred and ten (110) hours of accrued Holiday Bank hours intended to account for the following eleven holidays: H O L I D A Y S � ���� December 25th B +; January 1 St � The third Monday in January, known as Martin Luther King, Jr. Day 16 �3 ��� Lincoln Day E ' The third Monday in February, known as President's Day � '�� The last Monday in May,known as Memorial Day � ; T�r�� 19k knc�wr�as Jun�t��r�th � ', � '� July 4tn � First Monday in September, known as Labor Day � ; �'-� ` , �s-� � November llth, known as Veteran's Day K Thanksgiving An employee can use such Holiday Bank hours for scheduled leave during the calendar year on an hour-for-hour basis and scheduled as vacations are normally scheduled. Any unused Holiday Bank hours as of the last pay period ending in November will be paid to the employee the week following the first payday in December and will be reported as Holiday Pay special compensation in accordance with Ca1PERS regulations. Upon approval of this Agreement by the City Council on Apri1 20, 2021, a prorated amount of Holiday Bank hours to account for each holiday listed above that has not yet occurred will be provided in the first fu11 pay period following the City Council's approval. For any Regular employee hired during the 12-month period of the holidays referenced above, a prorated amount of I-�oliday Bank hours to account for each holiday listed above that has not yet occurred will be provided in the first fu11 pay period following the date of hire. For any Regular employee who separates from their employment, the amount of Holiday Bank hours to account for each holiday listed above that has not yet occurred will be deducted from the IHoliday Bank and any remaining amount will be cashed out. In the event that the full amount to be deducted from the Holiday Bank is not available, such Regular employee will be obligated to pay the difference to the City. The above-referenced Iloliday Bank is separate from and does not include any other unused holiday leave previously accrued by a Regular Employee prior to April 20, 2021, or for holiday leave accrued while working on a holiday as provided below in Section 212. 21.2 Regular employees may be scheduled to work on the holidays listed above in Section 21.1. Employees will be eompensated at the regular rate of pay for al1 time worked on such days, and provided deferred holiday leave at a rate of one-half(1/2) hour for each hour worked(up to six hours deferred). Such deferred holiday leave hours are separate from the Holiday Bank referenced above in Section 21.1, and wi11 be accrued with any such unused holiday leave previously accrued prior to April 20, 2021. These separate holiday leave accruals can be maintained by the Regular Employee to be used or otherwise cashed out at separation of employment. 1� 21.3 In addition to the holidays listed above, a Regular employee may take leave with pay on his or her birthday or anytime during the pay period in which the birthday occurs, or the birthday may be deferred and scheduled as vacations are normally scheduled. When an employee works on their birthday, the employee shall receive pay at the regular rate of pay for their shift in the same manner as any other regularly scheduled work shift. Employees must be in a paid status on both scheduled workdays immediately adjacent to the day taken as a birthday holiday in order to receive pay for the holiday. Birthday holiday pay is not considered reportable special compensation and will not be reported to CaIPERS. ARTICLE 22: VACATIONS 22.1(a) Regular employees shall accrue vacations,based on the length of their continuous service measured from their date of employment, with pay up to a maximum of 500 hours, for each regular hour worked, or on paid leave, as follows: ACCRUAL ` TRROUGR ' YEARS'OF APPROXIMATE RATE PER ' FROM PAY PERIOD SERUICE HOUR ACCRUAI,RATE A .039 Date of Em lo ent 104t" 2 weeks 1-4 B � .058 lOSth 234r�' 3 weeks After 4 C �� .068 235th 364th 3 '/z weeks After 9 ll ��� .077 365th 494r�' 4 weeks After 1� E �� .087 495th 624th 4 '/a weeks After 19 F .096 625th -- 5 weeks After 24 22.1(b) A full pay period as used herein is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled wark hours. 22.1(c) The City Manager may authorize the accrual of vacation for a new Regular employee at a rate that exceeds the rate prescribed for the employee's actual years of service. 22.1(d) In the event of departmental cancellation of a previously scheduled vacation or of a paid leave of absence due to industrial injury where such employee would exceed the maximum vacation accrual, the accumulation of vacation hours may exceed the established vacation maximum. In the event of an absence due to an illness or injury that is not job related, the Personnel Director may approve the acculnulation of vacation hours in excess of the established vacation maximum. The City iVtanager may also approve the accumulation of vacation hours in excess of the stated maximum for other extenuating circumstances. Whenever such excess accruals occur, the employee sha11 have one year from the date the vacation was canceled or from the date the employee returns to work from illness or injury to utilize the excess accrual. 22.2 It is City policy that employees take their normal vacation each year at such time or times as may be approved by the Department. 22.3 Vacation cannot be accrued while an employee is in a non-pay status. 18 22.4 Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided, however, that if the senior employee splits the employee's vacation by requesting less than a full year's allowance to be scheduled on consecutive workdays, the employee's preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration in the selection of their first choice vacation period. Seniority, for the purpose of this Article, shall be defined as time in grade with the Police Department. 22.5 The City shall not require an employee to take vacation in lieu of sick leave or leave of absence on account of illness. 22.6 Employees whose employment with the City is terminated for any reason shall, at the time of separation,receive pay for any unused vacation hours previously earned. 22.7 The City will, at the employee's option, compensate employees for accumulated vacation during any fiscal year as follows: MINIMUM ACCRUAL ` _ ; MAXIMUM HOURS PAYABLE ___: _-_--.- --- ----.---:_ _._-. ---_-__ -- --- ---------- _ __--------__ -___.---__ �__.__� 120 40 - - - - ----- ---- - - - -------- -- -------------- --- -- -- --- -. 240 80 ---- �--------- ------------- �� --------- �--------------- -- 360 120 22.8 Employees may contribute their vacation hours to an employee approved for the vacation donation program. Vacation credits are donated and granted on the basis of the dollar value of the vacation credits. See Section regarding Leaves. ARTICLE 23: UNIFORMS 23.1 The annual uniform allowance shall be �'��'� ��°r� ��r�" �� �°°���� �� �'� r ����°,�-� �� �� � r+,�t�� � 9 :��� . . . .. •.. . y . . . . .. . .. . .. . L'e�'c�'---=G"•ar2 4r.xx-,nB-.�n 4��ac^ �a ns'$'� n13,wsa'-zi.. , . . . . .. . . . .b . . . . . . �9 . ��Y9°�' , �°���°-°� .,����$1,300 and will be paid in equally divided installments on a bi- weekly basis with the City's regular payroll processing. Employees will be responsible for maintaining their vest carrier requirements as part of the annual uniform allowance. New1y -hired employees upon initial appointment wi11 receive the fu11 amount indicated above in the paycheck of their first pay period upon hire and are responsible for purchasing a11 of the necessary uniforms for the position. In Ju1y following the new employee's hire date, regardless of time with the Police Department, the employee will begin receiving bi-weekly instaIlments with the regular payroll. 23.2 The City retains the right to change uniform standards that would come under the uniform allowance, as long as such change does not result in increased out-of-pocket costs to the employee. 19 23.3 A11 employees are required to possess a Class A dress jacket to wear at ceremonial functions or at other times deemed appropriate by the Chief of Police. ARTICLE 24: CONTINUING EDUCATION 24.1 Eligible City of Redding employees who complete authorized courses taken for credit with a passing grade may,upon application,be reimbursed for the tuition and cost of required textbooks. 24.2 Fu11-time Police Sworn employees who complete authorized courses taken for credit with a passing grade may, upon application, be reimbursed for the tuition and cost of required textbooks, and materials including but not limited to computer software, calculators, videos, but not to include incidentals such as paper, pens and pencils. Employees must obtain prior approval from the Chief of Police and the Personnel Director. Reimbursement shall be limited to four hundred dollars ($400.00)per course(semester/guarter). ARTICLE 25: MISCELLANEOUS 25.1 A Regular employee who is summoned for jury duty and is thus unable to perform the employee's regular duties wi11 be paid for the time lost at the employee's regular rate of pay. 25.2 Any employee, at the employee's request, shall be permitted to review the employee's own personnel file. The file may not, however, be removed from the Personnel Department. 25.3 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 response to any adverse comment entered in the employee's personnel file. Such written response shall be attached to, and sha11 accompany,the adverse comment." 25.4 Employee home addresses and telephone numbers will not be released to anyone other than authorized City personnel without the permission of the employee. 25.5 Whenever any employee is subpoenaed to testify in court as a result of the employee's employment and the employee is not an opposing party to the City, the employee shall be paid for all regular time lost. Employees subpoenaed by the Court for matters unrelated to City business must utilize vacation or appropriate leave balances. 25.6 Employees shall be subject to the provisions of the Substance Abuse Policy established for the members of the Redding Peace Officers Association, as well as any other City policies regarding drugs and alcohol. 25.7 The City and Association have agreed to allow two Leve1 III Police Reserve Officers to be assigned as Tactical Medics to the Department's SWAT team. The parties agree that the use of a Leve1 III Police Reserve Officer in any other capacity wi11 require both parties to participate and approve of the arrangement through the meet and agree process. 20 25.8 Upon the City Council approval of this successor MOU, the City and Association will meet and discuss establishing a fitness program and annual wellness check at dates and times to be agreed upon by both parties. 25.9 Upon the City Council approval of this successor MOU, the City and Association will meet and discuss potential amendments to the performance appraisal form for Employees. ARTICLE 26: GROUP HEALTH AND WELFARE BENEFIT PROGRAM 26.1 Regular employees are eligible to participate in a group health and welfare insurance benefit program, which includes the medical, prescription, dental, vision, life and long term disability insurance plans, efFective the first day of employment. The City shall pay the cost of the program for both employees and dependents as indicated below: (A) Life Insurance: Twice annual salary for employee, $3,000 for employee's dependents. More specific information is provided in the carrier's booklet. The City wi11 pay the full cost of the premiums. (B) Ilealth Benefits: , 9 ° '� , 0 � � � � �,��-,�° ;tt t ��; t +�.� T.���,,.��, a�—� . .. .. . .. .ai-a.-aex--txscJa-asiizsi-a evsrz c'r�i� -'szr`si��ss�v�iay'-�-�a.z-s:�-ruxey--a ",a� .gF;4l, 4h�, i �,4'tl� " ' ° .nry7C di .. .. LTS. . .. . ... . . . .., . . .. . �r3 n��$rn�v�a�c�n�ar� 4ri rnr��ernr��'L""&.. . . . 9 9 9 �,3���^g�^�.rolr>Q:c», q��_�_�[_ra 4rt`��-sa�4` r.y, c.�%£ 3 �.n � 4ir>rn raran4nl nr� -�Z`c�x`ra�a�a��}'� nca nr.mv,ar.o..e4xa 4.�6dSkil ��3 6✓VZ3Gd4 . bd.� �-E7;A V�19 F�7'A�V���JL24..'lis 4.it✓iP Z$iSSA�tlZ .. %iZcrze vo V ZS �TfiL .., lAll%dib . ' ° rt , The City �_;" r��°��-c�ff��°s two health plans, a `Base Plan" and an optional `°Premium Plan". A11 eligible employees will be enrolled in the `Base P1an" and will have the option on a voluntary basis to enroll in the "Premiuzn Plan" initially, and during the open enrollment period for each subsequent calendar year. Eligible employees that fail to complete the annual open enrollment will automatically be placed in the group health insurance plan they were enrolled in the previous year. Changes will be effective at the beginning of the following calendar year. The City's contribution toward the monthly group health and welfare insurance composite premium rate for the `Base P1an" shall be ��t�-��z�ht�fv�percent (���%) and the employee will pay ��-�ift��r� percent (-�-91 S%) of the prelnium rate through a bi-weekly payroll deduction. Employees electing to enroll in the "Premium Plan" will be responsible for premiums beyond the City's contribution of��5% of the `Base Plan" com�posite rate. A ���tic�n �25 �'1��� h�s b��n�stabli�h�d tc�r�c�ir��t t�� c�rtic�� c�f`t�e,�rr� �c� ��'s ��1� �cs � cal� � r�-ta� b��is tla� �; lc� ��'s ��r�tributic�n tc� �rd ��� �nedic�l r�s�ra tica�� d��ta1 a�d vi�iol� 121�1.12"dTIC��� �Sl�� �`� 1td1I2 2���. Effective � � ��°'������°6'�?Ca1��ci�r����r�0�4, all employees participating in the Group I�ealth and Welfare Insurance Plan wi11 pay � ����vez�t�percent (-�2{9%) co-share of premium. The City's contribution toward the monthly group health and welfare insurance composite premium rate for the `Base Plan" shall be ��L�e���l�t����%�. Employees electing to enroll in the `Buy 21 Up Plan" wi11 be responsible for premiums beyond the City's contribution of�$(�% of the `Base Plan"composite rate. I � All active employees ��-�ar� �l�ca able to select an optional high deductible plan (medical and prescription only) as an additional lower cost option for group health. The City will contribute a flat rate monthly amount, limited to the amount of the City's contribution toward the `Base Plan" for the high deductible plan. Retirees are not eligible for the high deductible plan. In an effort to minimize the impact of annual composite premium increases/decreases for the employee, the rate change will be limited to a maximum of twelve and one-half percent (12 �/z%) per year (or the actual percent increase in actual costs from the previous calendar year, � whichever is lower). In the event the composite premium rate change is less than 121/z%, the employee's percent of the rate sha11 be the actual percent change unless costs from the year � before need to be made up. . � , , The rate change will be limited to a maximum of twelve and one-half percent (12 1/z%) of the `Base Plan" per year (or the actual percent increase in actual costs from the previous calendar year, whichever is lower). The Association and the City agree that costs not made up prior to the end of this Agreement shall be made up in the successive Agreement. For specifics regarding the City's Group Health and Welfare Benefit Plan, refer to the Benefit Summary Plan Description. The City reserves the right to modify the group insurance composite rate structure to establish classes of coverage and rates in an effort to create a rate structure more compatible to employee claims experience. The City and the Association agree to meet and confer prior to any changes being made to the group insurance composite rate structure. Employees with spousal coverage will be allowed to "opt out" of the City's group � health and welfare insurance coverage (cease paying their share of the premium)-�����-�. Employees "opting out" of the City's group health benefits must provide proof of alternative health care coverage on an annual basis during the open enrollment period. The City and the Union recognize that it is the on-going plan of the City that all bargaining units will have the same group insurance benefits. (C) Prescription Benefit: Employee co-payments as shown in the following table: 22 Effective � 'Retail(34 daYs' supplY); July 1 2016 Co-Pa ment �Generic � $10.00 Brand $50.00 No Generic Available $20.00 Mail(90 days' su;pply) ; Generic $20.00 Brand $100.00 No Generic Available $40.00 Note: Maintenance medications (i.e. a medication taken longer than 60 days) that are filled at the retail co-pay amount more than twice will be filled at the mail order co-pay amount. The cost of the Prescription benefit program is outlined under"Health Benefits"above. (D) Dental Benefits: For specifics regarding the City's Dental Plan, refer to the Benefit Summary Plan Description. The premium cost of the Dental benefit program is outlined under"Health Benefits"above. (E} Long Term Disability: The City has agreed to pay an equivalent monthly premium amount to the Association to purchase their own long-term disability policy. The Association will provide a copy of the LTD policy billing to the City on an annual basis, and the City will pay the monthly amount equal to the premium the City would pay if Association members participated in the City's �i�h�st rr�c���tl�l�b�r���t ti��° long-term disability program fc�z s�f� err��lc�����, ���-� �` � . , � � ., . , Y' 9 g . 9 . > . . . .. i . . .. (F) Vision Benefits: For specifics regarding the City's Vision Plan, refer to the Benefit Summary Plan Description. The premium cost of the Vision benefit program is outlined under "Health Benefits"above. Effective June 1, 2012, health benefits not provided by Blue Shield will no longer be offered. 26.2 All active employees hired prior to May 13, 2012, who retire from the City and are eligible for CaIPERS benefits upon separation of service shall be eligible for the City to pay a fifty percent (50%) proportionate share of costs of the insurance premium should the retiring employee elect to participate in the group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with Ca1PERS. To maintain a qualified stat�us and to continue to receive the benefit, the retired employee must continue the group medical insurance during retirement without a break in coverage. Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of gualified status by the retiree. Following the death of a retiree, the surviving spouse, if any, may continue the insurance and the 23 City will continue the benefit on the same terms and conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any retiree hired prior to May 13, 2012, except as set forth above. All active employees hired after May 13, 2012, who retire from the City with five (5) or more years of City service (and eligible for Ca1PERS benefits upon separation of service}shall be eligible for the City to pay a proportionate share of costs of the insurance premium should the retiring employee elect to participate in any group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with CaIPERS and continue the group medical insurance without a break in coverage. To maintain a qualified status, and to continue to receive the benefit, the retired employee, and their covered spouses who reach Medicare A/B eligibility age must enroll in Medicare. For those retirees who qualify, the City sha11 pay a proportionate share of the cost of the insurance premiums in accordance with the following formula: 2% for every year of service with the City of Redding up to a maximum of 50%. Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified status by the retiree. 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 and the City will continue the benefit on the same terms and conditions for the life of the surviving spouse. (Employees who retired prior to July l, 1998, are eligible for health coverage only). Retiring employees who were hired or who worked under a different Memorandum of Understanding (MOU) or City Resolution (a different bargaining unit) shall receive the greatest retiree premium co-share formula in effect and for which that employee qualified for during his or her term of employment. Beginning Calendar Year 2013, the City wi11 offer two health plans, a `Base Plan" and an optional "Premium Plan". All retired employees participating in the group health plan will be enrolled in the `Base Plan" and will have the option on a voluntary basis to enroll in the "Premium Plan" initially, and during the open enrollment period for each subsequent calendar year. Changes will be effective at the beginning of the following calendar year. The City shall pay a proportionate share of the cost of the `Base Plan" insurance premiums as outlined above. Participating retired employees electing to enroll in the "Premium Plan" will be responsible for premiums beyond the City's contribution of the`Base Plan"composite rate. 26.3 The City and the Association agree to meet and discuss during the term of this Agreement the recommendations of the Health Insurance Task Force. 26.4 Regular employees are eligible to participate in the City's Deferred Compensation Plan through voluntary payroll deductions from the employee's pay. 26.5 The City offers the VantageCare Retiree Health Savings Plan to Regular employees. Effective as soon as administratively feasible following the effective date of this MOU, the City will deduct 1% of gross taxable earnings, per pay period, pre-tax, from each members' compensation and transmit the funds to the VantageCare Retirement Health Saving Plan (RHS). In addition, any eligible sick leave pay out made upon retirement of RPMA members will be 24 contributed to the VantageCare RHS per Section 19.6. 26.6 The City and Union agree to reopen negotiations if any changes to the Affordable Care Act affect matters within the scope of representation. ARTICLE 27: RETIREMENT PROGRAM 27.1 Regular Employee Retirement Plan All Regular employees are covered by the California Public Employees' Retirement System (Ca1PERS)program pursuant to an existing contract. (a) Tier 1 "Classic"Police Sworn Employees Regular Police Sworn employees hi�ed prior to September 8, 2012, and those hired afte�January 1, 2013, vvl�c� �r�considered to be "Classic CaIPERS Members" due to previous City of Redding employment will be covered under the three percent (3.0%) at age fifty (50) Ic�cal ��f�t� retirement benefit formula with the 12 highest paid consecutive month's final compensation provision ("Tier 1 Employees"). Tier 1 Employees will be covered by the Fourth level of 1959 Survivors' Benefit Program (Government Code Section 21574), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option. In accordance with Government Code section 20516, Tier 1 Employees have agreed to cost sharing resulting in the following employee contributions to be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis. • Three percent (3.0%) effective September 25, 2016 [total employee contribution of 12%] • An additional one and a half percent (1.5%) for a total of four and a half percent (4.5%) effective June 13, 2021 [total employee contribution of 13.5%] • An additional two percent (2%) for a total of six and a half percent (6.5%) effective September 5, 2021 [total employee contribution of 15.5%] �An additional two percent (2%) for a total of eight and a half percent (8.5%) effective September 4, 2022 [total employee contribution of 17.5%] • An additica���l c��� �oi�t �i�'h� �ev�rz ��r���t (1.�7°l�� f��° tc�t�1 c�f t������ thr�� sev�� ��r��r�t�1��.37°l0 �ff��ti��; as sa���1 �s �di�ir�i��r�ti��.lv �'��s�k�1� that �h� �c���ia�� �it1� �a.1���2�" �a� b� a �ilci�d fo11� ir�� �"itv �`����il �da�t�c�r� �t th� II��c����r 5q 2�}23 tn��tii�� �tc�tal �t��aloy�� c;c���rib�atic��s��3�,37°fo� Regular employees vested in Tier 1 who leave City employment and subsequently are rehired will be re-employed with Tier 1 status for Ca1PERS benefits. � (b) Tier 2 "Classic"Police Sworn Employees 25 Regular Police Sworn employees hired between September 8, 2012 and .Ianuary 1, 2013, and those hired after .Ianuary 1, 2013, who meet the definition of a "Classic CaIPERS Member" pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA) but have not been previously employed by the City of Redding will be covered by the three percent (3.0%) at � age fifty-five (55) 1�ca� s��'�t� retirement benefit formula with the 36 highest paid consecutive month's final compensation provision("Tier 2 Employees"). Tier 2 Employees will be covered by the Fourth level of 1959 Survivors' Benefit Program (Government Code Section 21574), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option. In accordance with Government Code section 20516, Tier 2 Employees have agreed to cost sharing resulting in the following employee contributions to be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis: • Three percent (3.0%) effective September 25, 2016 [total employee contribution of 12%] • An additional one and a half percent (1.5%) for a total of four and a half percent (4.5%) effective June 13, 2021 [total employee contribution of 13.5%] • An additional two percent (2%) for a total of six and a half percent (6.5%) effective September 5, 2021 [total employee contribution of 15.5%] �An additional two percent (2%) for a total of eight and a half percent (8.5%) effective September 4, 2022 [total employee contribution of 17.5%] • 1�r� �dd�tic�r��l �r�� �c�iilt ��� ��ae ��r��r�t �1.61°lo�fe�r � tc�t�1 a�'t���w�c�ir�t �l�v���r����t �10,11°fo� �ffe�tiv� �s sc�t��z �� adi�i�istrat�v�� f�as�b1� that t��; �e�ntrac;t with C'�1��1ZS �a� �b� ai��rsc��d fc�llo�v�� C"i�v���r��%�1 �tdo�t�c�� �t th� ���,�,�a1��r 5, 2C�23 s���t��z�; �tc�t��_ �m�1s�y�;� cc���rib��tic�r��f 1�,13",�o� Regular employees vested in Tier 2 who leave City employment and subsequently are rehired � will be re-employed with Tier 2 status for Ca1PERS benefits. (c) Tier 3 "PEPRA"Police Sworn Employees Pursuant to the California Public Employees' Pension Reform Act of 2013 ("PEPRA"), regular Police Sworn employees hired after.Ianuary 1, 2013 who do not otherwise meet the defmition of a "Classic Ca1PERS Member", will be covered by the 2.7 percent (2.7%) at age fifty-seven (57) � I���1 saf�t�retirement benefit formula with the 36 highest paid consecutive month's fmal compensation provision as a "New Ca1PERS Member" ("Tier 3 Employees") Tier 3 Employees will be covered by the Fourth level of 1959 Survivors' Bene�t Program (Government Code Section 21574), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option. Also pursuant to PEPRA, Tier 3 Employees ��-�ar� responsible for paying an employee contribution for the retirement benefit���1�e� fifty percent (50%) of the total normal cost rate as established by CaIPERS on an annual basis that �-i-�-�is paid by the employee through a bi- weekly payroll deduction on a pre-tax basis. 26 27.2 Full-Time Temporary Employees I Full Time_Temporary employees not included within Section 27.1 (a), (b), or (c) above shall be covered by the PARS — 457 Plan. Participating employees will pay half of the contribution of 3.75 percent (3.75%) for the benefit through a bi-weekly payroll deduction on a pre-tax basis. The City will pay the remainder of the contribution or 3.75 percent(3.75%) A TI�IJ� 2�9 IS�II�LINAI2�A�P�AI. �' C3�� IT 2�A1 l�n � talc�e �� ay �p���� � disci��Ii�ar� ��ti��z ��v€�1vi�a� discha�°��d�sz�c�ti�rs� sus�a�r�sic��w �r I�s� c�f���tar����t tc���i� faallowing dis�i�alir���r����1�a�°t�c��;dur�, �rc�b��ira�ar� e�l�v��s �hal�r�c��1�� ��tit1�� rr� ir�����tl�is discg��lir�������..1�sr������ee 2�a2 LT��n �� �r�����'s r���i�t c�f th� �cstie� c�f Prc��c�s�d D�s���1ir����1��tic�n th� ��1 lc� �� �i�� h�v� 10 �a1��ad�r d��s tc� r�c��te�t ���r��gs�;i�lit��ry ��ti�z� �vit� t�� C�hi�f c�f 1'c�1i�� c�� tc� r�c���st tlze �b�l�ti �c� ��c��id� � �rritter� r���sc�r�s� tc� t�� �rc�����d dis�i�slisl�, Ar� �In�l�e�'� f�ilz�r� t� ���it�st a �r�dis�i�lill�ry i��etir�F��ritt�i� r���c�r�s� t� th� �o�s�d �isci�zl���� �ri�l�i�� th�s t�z�lefr���� i11 ���v�t��ri ht t��ar�v��� a r�d���i li�z� �es�c��s�, �'�11��i���n�a ����bl� �disc;i�linar�rn��ti��lwritt��r����c�r�s�, �r�h�r��c� r�����is�rc�vi��;ci, t���hi�f�f I'c�1i���i11 r�vi� th� �°��c�s�� �isc;i�iir��.���tzc��ar�� d��,ic��to ��stair�,���c��i q �r r�'���th�i��c���� ��datic��z ��d v�il1�ratii�th� ����1����t�f th�d��isi��ar�d is��� �n���li���b1���ti��c��I����i�S��n�r�A�tic�n. 2�.3 If�11� I�c��i�e �f I��s�i�lir�����ti€��1 is�tz�d b�h� (�hi���af l�c��i�� ir� Se�tica� 2$,1 �bc��� ct��ltir�u�s tc� ir��c�Iv� � �is�i�lin�r-� a�;ti�r� ��bj��t t�s ��p��.l �aitrstz�rzt �c� th� Art��l�, �1�� � 1����;1��s �Cl �a1��c�ar d�y_s tc�r�c���st ar����a��1 aaf�l��cii��i 1�r��ry��tioa��r����d tc� �rbitr��ica��. Th��rbitrati�r�€�f th�di�ci��r��z-�will b�h;�1���d��f��lt��s; ��� 1��� 1-��bitratcsa sha�1 b���c�seiz b��n�t�aa1 ��°����z��1t�f t��C�t�r a�d����1���, I�3 t�� �v�r�t th�t �it� ��d th� �rz��ala�y�� c�r th�ir r���r�s��ltativ� �r� ��z��bl� tc� ���� a��z th� se1��;t���1 c�f�.��bit��tc�r, �vi�hi� 5 c;a1�r��a�c3ay� c��`th� �;i��'s r��t c��`�.r����st l��t�� ������; tc� ��a���1 t1�� dis�i�li����;ti��w tl�� �it�will s�ali�zt � �i�t c�f fiv� {5� ���itr�tc��s �c�r� t�� C�-���fc�z��a S�t� 1�%I�di��i��1 a�d �c���,�l���ic��1 S�rv��e ESIi�IC��____1� c�c��a„����1� 1i�t sh�ll b� prc��i��d tc� tl�e �;rr��1«���'� r��sr�s�r�ta�iv�, `Th� �a��ti�s ��r�� t� ��t�x��ic�usl�ir��la� �el��;ticall c�f�z1�rbitl-�t�r. If t�i� ����1���c, �r�d�h�C�i �`�i� tc� r��c�h z��.tt��� ��re���l�nt c��� th� s�1��tic��� ra�ar� �rbi�r�tc�r b���;� �r� tl�� SNI�� 1i�t, ��c;h �rti�'� repr�ser�tatzv� ���a11 ����t �z�d �1t���a��I� ��rikc� � r����� fr� th� S�IC;S li�t c��° �z°bitratc�r�, `��� tirst �a� stril�� � �a�� sha11 b� ci�t�rr�aita�d b� �c��. �'h� cc�sts c��` ��bitratic�r� s1�a11 b� b� � �q��11 1�� th� C;i�� ���d th� � �a�c����, ����t i� c;���s w1��r�; th� �n���1c��e� is �c�t r���nt�d bv t1�� t����ac�atic�n c�r�r��atf�Ii�t�d 1��� ��f��7s� ��ztit� �r�cl��t�1d c�th�� is�b�dir�ctl�r�s�c�r��a�1� f��s�ach �c�s��, I�z �uc;h��s�s, th� C;it��h�ll b�ar th� �c��ts caf�rbit��tica��, �h��'i��n� th� � lc���� shall � the c;� ���s�tic�i� ��d �x�����s f�� ��z�ir t�s��c;�iv� wit��ss�s, 1�� t��� ��n �c����"s ��c���stw �1a� Cit� sh�11 r�1��s��ni�1� ��s frc� dt��, tc���z�ic;i�at�i���-�Sitrat��n�rc�����i�� s, L �'�� Arbitr�t�ar s��ll �Zc�ld �az�h I���ri��s �r�d �1��1� c�a�l�id�r �u�h �vid�r��e as t�a th� 1�rbits°atc�r a��a�a�°s ��c;�s�a �r�d r����e Th� d��isic�r� a�f th� r�°b�t�����° ���11 �� �ir��l ��ac� bi��i���c�r���ty�r�c� th� �z�1���r�vid�� �h�� su�h d��isis�� ci��s i��t i�� ��.��� 27 �dd t�aw di�r���r� cs� c�di_ anv c�� �h� �?r�vi�i�r�� c�f �it��csli����9 r��c���tic���� c�r c�rdi�ar�c;�se 23,4 �'�ilur�� ����� ��ov��tc� ��t��y c�f the�ft����n��tic�r��d tir��1i it� �s s�t fc��th zn �ib�v� �i11 r�s�1� ir� fc�rf�itt�r� �i�d wd�i��r c�f th� dis�%p�iila m �����1. �x���t, l�c� �v�r, th�t th� �t�c�r�sz��r�tic���c� ti � 1�In�ts a� be ��t�n�e� b� �t��l a�r��z�erst. r��1y ������1�r�a a�����s, �aiv�d by ��rf�it�r� shall nsa� biz�c� �ith�r ��r�� tc� ar� il�ter�r�t�tic�n c�f C�'�c�1��i�s� �r���i��s� r���sl�tic�r�s €�� c��°di�a.r���s n�r ��1��1 suc;h��ivc,� b� cit�d by �i�h�� �art� a� e�i�er��,c; �r� thc ���t��r���nt�f s�ibs�c�c����di�cit�li��ar����als, ARTICLE 2�: TERM �2�1 This Memorandum of Understanding, having taken effect as of July 1, 199$, shall continue in full force and effect until the ��---54�h day of �� � l��e.��&��r, 2026� and thereafter from year to year unless written notiee of change or termination sha11 be given by either party ninety(90) days prior to the expiration date above or the expiration date of any year thereafter, exeept, however, this Memorandum of Understanding shall only beeome effective with approval of the City Council of the City of Redding. I �29.2 This Memorandum of Understanding shall not be amended or supplemented except by agreement of the parties hereto, redueed to writing and duly signed by each. I �29.3 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or exeeutive order shall be suspended and inoperative to the extent of and for the duration of such conflict; the balance of the Memorandum of Understanding, however, shall remain in fu11 force and effect. I ARTICLE 3Q: SAVINGS PROVISION I �930.1 If any provisions of this Memorandum of Understanding are held to be contrary to law by a court of competent jurisdiction, or held to be outside the scope of negotiations, sueh provisions will not be deemed valid and subsisting exeept to the extent permitted by law, b�ut all other provisions wi11 continue in full force and effect. Whenever any provision of this Memorandum of Understanding is affeeted as set forth above, either Party may, by giving written notice to the other within thirty (30) days of the courts action, open negotiations on the subject of the affected provisions. I ARTICLE 3�: EFFECT OF AGREEMENT � �31.1 It is understood and agreed that the specific provisions contained in this Memorandum of Understanding shall prevail over City practices and procedures to the extent of a conflict, and that in the absenee of specific provisions in this Memorandum of Understanding, sueh practices and procedures are discretionary. 28 I ARTICLE�-32: EMERGENCY PROVISION � �-�-32.1 The City retains the right to amend, modify or rescind policies, regulations, and practices referred to in this Memorandum of Understanding in cases of emergency. For the purpose of this Article, an "emergency" is defined as an act of God, war, natural or manmade disaster, which interferes with the normal operations of the City. I ARTICLE 33: ENTIRE AGREEMENT I ���.1 Except as specifically provided in Article �-29 (Term), during the term of this Memorandum of Understanding the parties expressly waive and relinquish the right to meet and confer on salaries, hours of employment, and terms and conditions of employment, and agree that neither party shall be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Memorandum of Understanding or not, even though such subject or matters may not have been within the knowledge or contemplation of either or both the City or the Association at the time they met and negotiated on and executed this Memorandum of Understanding, and even though such subjects or matters were proposed and later withdrawn. Both parties acknowledge that such waiver and relinquishment as set forth above carries with it the commensurate prohibition for either party to effect a unilateral change in an employment condition falling within the scope of negotiations under Government Code Section 3500 et. seq. 29 IN WITNESS WHEREOF, the parties have executed these Amendments to the Memorandum of I Understanding to be effective��Y�g, ����L��������r� 202�. s/Barr��in �/J�natl��r�S�a�1�i�r� Barry Tippin Jc��ath��Sh�;1d�n City Manager Pr�s�dc,nt, I�I�A s/I��r�I�ibl�r �/1Z���C�i-t��;� I�ar�i If�bl�r I�� an C�r����. �'e�s�r�r����3�r��tc�r ����Pr�srd��t, 1�IA s/C�r��I�c���z��tt� �/1Zc�b�rt C�a�t�erc� �r� I�c�bin��t�; F�c�b�rt C�� �rc� �'i�a���C}ffi��z �'���s�r�r� �'I�1 �/J�f����S�h�nid� J�fti����h idt� lVI� b�r�.�I_,����, FZ�'�I1� 30