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HomeMy WebLinkAboutReso. 78-158 - Approving Provisions of the MOU Between the Designated Representatives of the City of Redding and the Designated Representatives of Peace Officers Association of Redding, as Amended Effective June 25, 1978 • RESOLUTION NO. 7p - /`, i/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PROVISIONS OF THE MEMORANDUM OF UNDERSTAND- ING BETWEEN THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING AND THE DESIGNATED REPRESENTATIVES OF THE PEACE OFFICERS ASSOCIATION OF REDDING AS AMENDED EFFECTIVE JUNE 25 , 1978. WHEREAS, the Peace Officers Association of Redding has been formally recognized as the majority representative of an appropriate unit of employees, as set forth in Section 2 . 1 of the attached Memorandum of Understanding, and WHEREAS, the designated representatives of the City of Redding have met and conferred with and entered into a Memorandum of Understanding with the designated representatives of the Peace Officers Association of Redding, as required by the provisions of the Meyers-Milias-Brown Act of 1968 , and said Memorandum has been amended from time to time by mutual agreement , and WHEREAS, the designated representatives of the City of Redding have met and conferred in good faith again this year with the designated representatives of the Peace Officers Association of Redding, and have agreed on certain amendments to the afore- said Memorandum of Understanding, and WHEREAS , these amendments, together with the retained portion of the former .Memorandum of Understanding, are attached hereto as "Exhibit A" and incorporated herein by reference, and WHEREAS , the City Council has reviewed the Negative Declaration prepared in connection herewith and has determined that no significant effect on the environment is created hereby, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding, as follows : Op u t -1- 1. Resolution No. 75-47 is hereby repealed and rescinded. 2. The aforesaid Memorandum of. Understanding and the Amendments attached hereto are hereby approved, and these Amendments shall become effective on June 25 , 1978 . I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 5th day of September , 1978 , and was duly adopted at said meeting by the following vote: AYES : COUNCILMEN: Fulton, Gard, Kirkpatrick, Pugh, and Demsher NOES: COUNCILMEN : None ABSENT: COUNCILMEN: None ONALD .�.� , M. DEMSHER Mayor of the City of Redding ATTEST:/I / '7�'� t f CAL, ,• ff ! _ MILDRED L. BRAYTON, City Clerk FORM APPROVED: �y� /�//1 ARL MURP , Ci y At orney -2- 411 MEMORANDUM OF UNDERSTANDING Between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING and THE DESIGNATED REPRESENTATIVES OF THE PEACE OFFICERS ASSOCIATION OF REDDING EFFECTIVE: July 1 , 1974 (Insofar as legally possible) AMENDED: May 29, 1975, to be effective June 29, 1975 AMENDED: June/40, 1978, to be effective June 25, 1978 • • TABLE OF CONTENTS Article Page 1 Preamble 1 2 Recognition 2 3 Association Security 3 4 Grievance Procedure 3 5 Safety 5 6 Disability and Unemployment 5 7 Employee Status 5 8 Wages and Classifications 6 9 Hours and Overtime 7 10 Seniority 8 11 Promotion and Transfer 8 12 Demotion and Layoff 9 13 Leave of Absence 9 14 Expenses 10 15 Sick Leave 10 16 Emergency Leave 10 17 Holidays 11 18 Vacations 12 19 Uniforms 13 20 Miscellaneous 13 21 Employee Benefit Programs 13 22 Term 14 NOTE Additions , Amendments , changes to this Memorandum of Understanding , effective June 25, 1978, or thereafter, are underlined; deleted language is lined out. • MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 26th day of June , 1974, by and between the designated representatives of the CITY OF REDDING (a public agency as defined in Section 3501(c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California) , hereinafter referred to as the City, and the designated representatives of the Peace Officers Association of Redding (a recognized employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California) , hereinafter referred to as Association, WITNESSETH that: WHEREAS, the parties hereto desire to facilitate the peaceful adjust- ment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, the Association and the general public may benefit therefrom, and to establish fair and equitable wages , hours and working conditions for certain hereinafter designated employees of the City, NOW, THEREFORE, the parties hereto do agree as follows: ARTICLE 1 Preamble 1. 1 The parties acknowledge the provisions of Chapter 10 (Sections 3500, et. seq. ) of Division 4 of Title 1 of the Government Code of the State of California. 1.2 It is the policy of the City and the Association not to, and neither party will interfere with , intimidate, restrain, coerce or discriminate against any employee because of race, creed, sex, color or national origin. 1.3 The City is engaged in rendering services to the public, and the City and the Association recognize their mutual obligation for the continuous rendition and availability of such services . 1.4 The duties performed by employees of 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 Under- standing employees shall not partially or totally abstain from the performance of their duties for City. The Association shall not call upon or authorize employees individually or collectively to engage in such activities and shall make a reasonable effort under the circumstances to dissuade employees from en- gaging in such activities. Those employees who do individually or collectively partially or totally abstain from the performance of their duties for City shall be subject to disciplinary action up to and including discharge from employment without recourse. 1. 5 City employees shall perform loyal and efficient work and service , and shall use their influence and best efforts to protect the properties of City and its service to the public , and shall cooperate in promoting and advancing the welfare of City and in preserving the continuity of its service to the public at all times. • -1- 1.6 The City and the Association shall cooperate in promoting harmony and efficiency among City employees. 1 .7 Notwithstanding anything to the contrary, the Peace Officers Associa- tion of Redding recognizes and accepts the right of City of Redding management to manage the City. This recognition includes acceptance of the fact that the manage- ment rights listed below are not subject to either grievance procedures or the meeting and conferring in good faith process provided for by the Meyers-Milias- Brown Act. It is agreed by the parties to this Memorandum that management rights include, by way of illustration and not by way of limitation, the following : (a) The full and exclusive control of the management of the City. (b) The super- vision 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 im- proved operations , methods , means or facilities. (e) The right to hire , schedule, promote, demote, transfer, release and lay off employees , and the right to suspend , discipline and discharge employees and otherwise to maintain an orderly, effective and efficient operation. 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 Peace Officers Association of Redding is the established majority representative. 2. 2 Official representatives of the Association will be permitted access to City property to confer with City employees on matters of employer-employee relations but such representatives shall not interfere with work in progress without agreement of Management. 2.3 The City will provide the Association adequate bulletin board space for the purpose of posting thereon matters relating to official Association business . 2.4 The City and the Association will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of his membership or non-membership in Association or his activity on behalf of Association. 2. 5 Any employee, at his request, shall be permitted representation by an Association representative. The foregoing shall apply to reprimands and disciplinary actions , providing there is not unreasonable delay in obtaining representation. 2.6 Joint Association-Management meetings shall be held as at-least-fever-tomes a-year-er-mefe 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 -2- • s • procedures or for formal negotiations between the parties. Those in attendance shall consist of Association' s Negotiating Committee and the City' s Police Chief, the City's Director of Personnel and Labor Relations and such other management personnel as determined by the Director of Personnel and Labor Relations. The meetings shall be summarized in written minutes. Except that the provisions of this Section shall be observed, the meetings shall be self-organizing. ARTICLE 3 Association Security 3. 1 The City shall deduct from their wages the regular membership dues of employees who are members of the Association and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157. 3 of the Government Code of the State of California. 3.2 Deductions shall be made from the second payroll period of each month and a check for the total deductions shall be submitted to the Peace Officers Association of Redding within five (5) working days of the date the dues are with- held from the employee' s check. 3.3 The form of check-off authorization shall be approved by both the City and the Association. ARTICLE 4 Grievance Procedure 4. 1 Any grievance, which may arise between Association, or any of its members, and the City, with respect to the interpretation or application of any of the terms of this Memorandum of Understanding, and with respect to such matters as the alleged discriminatory or arbitrary discharge , demotion or discipline of an individual employee, shall be determined by the provisions of this article, except that such matters as are included in the definition of impasse as set forth in Resolution No. 4217 are not a grievance. 4.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between the Association' s President or Vice President and the immediate Supervisor directly involved , Division Head or Department Head as applicable, who will answer within ten (10) workdays. This step shall be started and completed within thirty (30) days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the Association President or Vice President. 4. 3 Step Two: If a grievance is not resolved in the initial step, the second step shall be a discussion between the Association 's President or Vice President and the Director of Personnel and Labor Relations who shall answer within ten (10) days. This step shall be taken within ten (10) days of the date of the Department Head 's answer in Step One. 4.4 Step Three: If a grievance is not resolved in the second step, the third step shall be the presentation of the grievance, in writing , by the Associa- tion's President or Vice President to the City Manager, who shall answer, in -3- • writing , within ten (10) workdays . The third step shall be taken within ten (10) s4xty-4604 days of the date of the answer in Step Two aet4en-eerrrp4a4eed-o€;-er the-date-the-grievant-beeame-aware-e€-the-4He4dent-which-4s-the-basis-€er-the grievance. 4.5(a ) Step Four: If a grievance is not resolved in the third step, the fourth step shall be referral by either the City, or the Association, to arbitration raed4at4en. The fourth step shall be taken within ene-hundred twenty (€20) days of the date of the answer in Step Three act4on-eempla4ned-a€,-er-the date-the-grievant-beeax+e-aware-ef-the-4ee4deet-wh4eh-4s-the-basis-€er-the grievance. 4. 5(b) An Arbitration Med4at4en Board shall he appointed on each occasion that a grievance is submitted to arbitration med4atien. The Arbitration Med4atien Board shall be composed of one (1) member appointed by the City, one (1) member appointed by the Association, and a third member chosen by mutual agreement of the City and Association. Such third member shall act as Chairman of the Arbitration Med4at4en Board. In the event that the City and Association are unable to agree on the selection of a Chairman of the Arbitration Med4atien Board, they shall request the State of California Federa4-Ned4at4en-and Conciliation Service to nominate five (5) persons for Chairman. The City and Association each will alternately challenge two (2) of such nominees , the party having the first challenge to be determined by lot. The remaining nominee shall be accepted as Chairman of the Arbitration Med4at4en Board , and his compensation and expenses shall be borne equally by the City and Association. The City and the Association shall pay the compensation and expenses of their respective appointees and witnesses. At Association' s request the City shall release employees from duty to participate in arbitration raed4at4en proceedings. 4.5(c) The Arbitration Med4at4en Board shall hold such hearings and shall consider such evidence as to it appears necessary and proper. The first hearing shall be held within ninety (90) days of the date of referral to arbitration. The majority decision of the Arbitration Mediatien Board shall be final and binding on City and Association and the aggrieved employee, if any, provided that such decision does not in any way add to, disregard or modify any of the provisions of this Memoran- dum of Understanding eH4y-adv4sery-4n-nature-as-te-e4tber-the-G4ty-er-the-Assee4at4en. 4.6 Failure by either party to meet any of the aforementioned time limits as set forth in Section 4.2, 4.3, 4.4, er 4. 5(a ) or 4. 5(c) will result in for- feiture by the failing party. 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 this Memorandum of Understanding , nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances . 4.7 Notwithstanding the aforementioned procedure, any individual employee shall have the right to present grievances to the City and to have such grievance adjusted without the intervention of the Association , provided that the adjustment shall not be inconsistent with this Memorandum of Understanding , and provided , further, that the Association' s President shall be given an opportunity to be present at such adjustment. -4- • ARTICLE 5 Safety 5.1 The City Council desires to maintain a safe place of employment for City employees and to that end City management shall make all reasonable provisions necessary for the safety of employees in the performance of their work. 5.•2 Regular "tailgate" meetings will be held on all jobs to plan the job and emphasize safety in their performance. 5.3 Regular safety meetings will be held bi-monthly for the purpose of re- viewing accidents and preventing their recurrence, eliminating hazardous conditions and familiarizing employees with safe work procedures and applicable State Safety Orders and for training in first aid. ARTICLE 6 Disability and Unemployment 6. 1 An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within his ability to perform, with the consent of the employee ' s physician. The duration of any such period of temporary work shall be determined by City. Such employee shall be compensated at the then current rate of pay of his regular classification while engaged in such temporary duties. The City may require an employee requesting to return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of his position without hazard to himself, or to his fellow employees, or to his own permanent health. 6.2 Vacation and sick leave shall be accrued and group insurance coverage shall be maintained while a regular employee is absent from work as a result of a job related disability and receiving Workers' Compensation temporary disability compensation as set forth in Section 4850 of the Labor Code of the State of California for the period of such disability, but not exceeding one (1 ) year. Employees who are not entitled to the benefits as set forth in Section 4850 of • the Labor Code of the State of California , but who are receiving Workers ' Compen- sation temporary disability benefits , may nevertheless , at their option, maintain their group insurance coverage during the period in which they are receiving temporary disability compensation for up to a maximum of a cumulative total of five (5) years, providing the employee pays his share of the monthly premium to the City of Redding on or before the first day of the month for which the premium is intended. Holidays which occur during the period for which any employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes. ARTICLE 7 Employee Status 7. 1 Employees will be designated as regular, probationary, or full -time temporary depending upon the purpose for which they are hired and their length of continuous service with the City. -5- • 7.2 A regular employee is defined as an employee who has one and one-half (l';) years , or more, seniority with the City in full-time employment. (Amendments effective July 1 , 1979. ) 7. 3 A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of • • indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation , insurance coverage and items of a similar nature, as he becomes eligible, but shall not be given preferential con- sideration for promotion or transfer or be eligible for a leave of absence. Upon completion of one and one-half (1 ) years of continuous full-time service with City, a probationary employee shall be given the status of a regular employee. (Amendments effective July 1 , 1979. ) 7. 4 A full-time temporary employee is defined as an employee hired for occa- sional or seasonal work for a period not to exceed six (6) months . A full-time temporary employee shall receive not less than the minimum rate for the job but shall not be eligible for sick leave pay, holiday pay, vacation pay, insurance coverage, retirement plan participation or items of a similar nature, nor shall he accrue seniority, or promotion and transfer rights , or leave of absence rights. If a full-time temporary employee is reclassified to probationary er-regular status he shall be credited with all continuous service in determining eligibility for such benefits as may accrue to him in his new status. Upon completion of six (6) months of continuous service with the City, a full-time temporary employee shall be given the status of a probationary employee. 7. 5 All appointments to the classification of Police Sergeant will be probation- for one full year. ARTICLE 8 Wages and Classifications 8. 1 Employees shall be paid the wage established for their classification. Upon initial appointment to a classification an employee shall normally be paid the lowest wage rate for that classification. An employee may, however, be paid a wage rate above the lowest wage rate if circumstances justify it. The effective date of promotion to a new classification or higher wage step shall be the first day of the pay period following qualification for the promotion. 8.2 Wages shall be paid at bi-weekly intervals on Fridays for a pay period ending no earlier than the preceding Saturday. If a pay day falls on a holiday, payment shall be made on the preceding workday. 8. 3 When an employee is temporarily assigned to work in a classification higher than his regular classification , he shall be paid at the rate established for the higher classification, with a minimum of four (4) hours and time computed to the next full hour, except when the work is performed outside of the regular work hours and the duration is less than four (4) hours. When an employee is tempo- rarily assigned to work in a higher classification which has a wage range overlapping the wage range of his regular classification, he shall be paid at the wage rate of the classification to which he is temporarily assigned, which is next higher to his present wage rate, but not more than the top wage rate of the temporary classification. 8.4 When an employee is temporarily assigned to work in a classification lower than his regular classification, his rate of pay will not be reduced. -6- • 8. 5 For purposes of wage rate progression in a temporary classification, the time worked by an employee in other than his regular classification shall also be accrued in such temporary classification. 8.6(a ) Attached hereto and made a part hereof is Exhibit "A" titled "Schedule of Wage Rates. " Effective-9eGember-28,-4975,-wage-rates-sha44-be-inGreased-by three-per-Bent-{3%4, 8.6(b) Effective June 24, 1979 27;-4976, wage rates shall be adjusted at the rate of one per cent (1%) for each one per cent (1%) of change in the Bureau of Labor Statistics ' Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for all U. S. Cities , 1967 base, between the index number for March, 1978 49767-457,8, and the index number for May, 1979 4976. 8.6(c) Effective July 6, 1980 dune-26;-4977 , wage rate shall be adjusted at the rate of one per cent (1%) for each one per cent (1%) of change in the Bureau of Labor Statistics' Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for all U. S. Cities , 1967 base, between the index number for May, 1979 4976, and the index number for May, 1980 1977 . 8.6(d) Effective July 5, 1981 , wage rates shall be adjusted at the rate of one per cent (1%) for each one per cent (1%) of change in the Bureau of Labor Statistics ' Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for all U. S. Cities , 1967 base , between the index number for May, 1980, and the index number for May, 1981 . 8.6(ed) Notwithstanding the foregoing , wage rates shall not be adjusted below the level established on June 25, 1978 29;-4975. 8.7 Attached hereto and made a part hereof is Exhibit "B" titled "Job Definitions. " ARTICLE 9 Hours and Overtime 9.1 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. 9. 2 Each employee shall report for work at his regularly established head- quarters and shall return thereto at the conclusion of the day' s work and the time spent in traveling between such headquarters and the job site shall be considered as time worked. 9.3 A workweek is defined to consist of seven (7 ) consecutive calendar days , Sunday through Saturday, and a basic workweek is defined to consist of five (5) workdays of eight (8) hours each , or four (4) workdays of ten (10) hours each. The basic workweek may begin on any day of the week or at any hour of the day dur- ing the workweek. 9.4 Overtime is defined as (a ) time worked in excess of forty (40) hours in a workweek, (b) time worked in excess of eight (8) hours or ten (10) hours as -7- 411 applicable on a scheduled workday (the ten (10) hour workday shall apply only to the part of the work force assigned to a four (4) day, ten (10) hour workweek) , (c) time worked on a non-workday, (d) time worked outside of regular hours on a workday, and (e) time worked on a holiday. Overtime shall be computed to the nearest one-quarter (1/4) hour. Time worked as defined in (a) or (c) above as a result of a shift change shall not be regarded overtime for compensation purposes . 9. 5 Overtime compensation shall be paid at a rate equivalent to one and one- half (11/2) times the regular rate of pay. 9. 6 Employees who are required to report for work on their non-workdays , or on holidays they are entitled to have off, or outside of their regular hours on workdays , shall be paid overtime compensation for the actual time worked , but in no event for less than two (2) hours compensation. If an employee who is called out for such work outside of his regular hours on a Workday continues to work into his regular hours, he shall be paid overtime compensation only for the actual time worked. If an employee performs overtime work immediately following the end of his regular shift, he shall be paid overtime compensation only for the actual time worked. 9.7 Overtime shall be distributed as equally as is practicable among those employees who are qualified and available and who volunteer for overtime work, and the City shall not require employees who have worked overtime to take equiva- lent time off during a workday without pay. 9.8 On or before September 1 , 1974, the City will adopt a basic workweek of four (4) ten (10) hour workdays for certain, yet to be determined , Police Officers on a six (6) month trial basis. Prior to the end of the six (6) months trial period the program may only be discontinued by mutual agreement between the City and the Association. At any time following the six (6) months trial period, however, the City may unilaterally discontinue the use of the four (4) day ten (10) hour basic workweek. ARTICLE 10 Seniority 10. 1 Seniority is defined as total length of continuous service with the City. In determining an employee' s seniority the continuity of his service will be deemed to be broken by termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff, (4) failure to return immediately on the expiration of a leave of absence or acceptance of other full-time employment while on leave, (5) absence without pay, without a leave of absence, in excess of five (5) workdays. Continuity of service will not be broken and seniority will accrue when an employee is (a) inducted, enlists or is called to active duty in the Armed Forces of the United States, or service in the Merchant Marine, under any Act of Congress which provides that the employee is entitled to re-employment rights , (b) on duty with the National Guard , (c) absent due to industrial injury, or (d ) on leave of absence. ARTICLE 11 Promotion and Transfer 11. 1 All promotions and transfers shall be in accordance with standards and -8- procedures as determined by the City. ARTICLE 12 Demotion and Layoff 12. 1 When it becomes necessary for the City to lay off regular employees, the City will give employees involved as much notice as possible; but in no event will such employees receive less than two (2) weeks' notice of layoff. Where pro- bationary or temporary employees are to be laid off, no notice of layoff need be given. ARTICLE 13 Leave of Absence 13. 1 Leave of absence may be granted to regular employees by the City Manager for urgent and substantial reasons , up to a maximum of one (1 ) year, providing satisfactory arrangements can be made to perform the employee ' s duties without undue interference with the normal routine of work. Inability to return to work after an employee' s sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted. 13.2 A leave of absence will commence on and include the first workday on which the employee is absent and terminates with and includes the workday preceding the day the employee returns to work. 13.3 All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. Upon an employee' s return to work after a leave of absence, he will be reinstated to his former position and working conditions , providing that he is capable of per- forming the duties of his former position, except that if there has been a reduc- tion of forces or his position has been eliminated during said leave, he will be returned to the position he would be in , had he not been on a leave of absence. 13.4 An employee' s status as a regular employee will not be impaired by such leave of absence and his seniority will accrue. 13. 5 If an employee fails to return immediately on the expiration of his leave of absence or if he accepts other full -time employment while on leave, he will thereby forfeit the leave of absence and terminate his employment with the City. 13.6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insurance coverage. An employee may, however, at his option and expense, maintain his group insurance coverage providing the full monthly premium is received in the Finance Department of the City on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is as a result of exhaustion of sick leave benefits an employee' s group insurance may be maintained for up to three (3) calendar months on the normal premium-sharing formula , provid- ing the employee pays his share of the premium on a timely basis. -9- • ARTICLE 14 • • Expenses 14. 1 Whenever an employee uses his personal automobile for the City' s con- venience, he will be reimbursed therefor at the same rate per mile as established for non-represented City employees a€-€eurteen-eents-444E4-per-m44e-for'-the-€first Haile-hepdr-ed-49O94-miles-traveled-in-any-month-and-€4ve-eents-4§E.)-per-R144e-€er-a11 m44es-4n-exeess-e€-nine-hundred-49004-m41es-4n-any-month. 14. 2 Employees who are assigned to temporary work at such distance from their regular headquarters that it impractical for them to return thereto each day, or to their regular place of abode, will be allowed actual personal expenses for board and lodging for the duration of such assignment, provided they board and lodge at places to be designated by the City. The time spent by such employees in traveling to such temporary job at its beginning, to and from home on holidays and weekends, and from such temporary job at its conclusion and any reasonable expense incurred thereby will be paid by the City. ARTICLE 15 Sick Leave 15. 1 Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of four hundred sixty ten-thousandths ( .0460) of an hour for each regular hour worked, or on paid leave te-a-max4mum-a€-ene-theusand-twe-hundred €4€ty-442504-hours. (Accrual rate approximately one (1 ) day per month. ) 15.2 Sick leave shall be allowed for an absence due to: (a ) the inability of an employee to be present or perform his duties because of personal illness , off duty injury, or confinement for medical treatment; (b) personal medical or dental appointments , which are impracticable to schedule outside of regular working hours. • 15.3 Management may require satisfactory evidence of sickness or disability . before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically fit and able to perform the duties of his former position without hazard to himself, or to his fellow employees , or to his own permanent health. Such examination or examinations shall be at the sole expense of the City. 15.4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, he shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave. ARTICLE 16 Emergency Leave 16. 1 Regular and probationary employees who are absent from work due to the death or critical illness 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) twenty-four-4244 working hours . " Immediate family" as used herein inclries only employee's spouse, children, grandchildren, brothers , sisters , parents , or grandparents of either spouse or other persons who are living in the employee ' s immediate household. Critical illness as used herein is defined as when death is imminent. -10- ARTICLE 17 Holidays 17. 1 Regular and probationary employees, except as otherwise provided herein, shall be entitled to have the following holidays off with pay: (a) January 1st. *(b) February 12th, known as "Lincoln Day. " (c) The third Monday in February. (d) The last Monday in May. (e) July 4th. (f) First Monday in September. (g) September 9th, known as "Admission Day. " (h) The second Monday in October, known as "Columbus Day. " (i ) November llth, known as "Veterans Day. " *(j ) Friday after Thanksgiving. (kj ) December 25th. *4k)----€veFy-day-eta-wh4eh-am-eleet4era-#s-he4d-threugheat-the-State- (1 ) Every day appointed by the President, Governor, or Mayor for a public fast, thanksgiving, or holiday. (m) Every day which becomes a State holiday by legislative enactment. *Shall not be holidays for employees assigned to a ten (10) hour workday. If any of the foregoing holidays falls on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday other than on an overtime basis . Employees who are regularly scheduled to work on Sundays shall observe such holidays on Sunday. If any of the foregoing holidays falls on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an overtime basis . Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays fall on any day from Monday through Friday, inclusive, and that day is a regularly scheduled non-workday for an employee, such employee shall be entitled to receive another workday off with pay, to be scheduled in the same manner as vacation days are normally scheduled. 17. 2 Notwithstanding the foregoing , employees may be scheduled to work on holidays , in which event any such employee will , in addition to his holiday pay, be compensated therefor at the overtime rate of pay for all time worked on such -11- • days. An employee may, however, at his option , elect to observe that holiday at another time, to be scheduled in the same manner as vacation days are normally scheduled, in which event, any such employee will only be compensated for time worked on that day at the overtime rate of pay and shall not receive holiday pay for such day. 17. 3 If an employee is in a non-pay status on both workdays immediately adjacent to the holiday he shall not receive pay for the holiday. ARTICLE 18 Vacations 18. 1(a) Regular and probationary employees of the City shall accrue vacations with pay as follows : 18. 1(b) At the rate of three hundred eighty-four ten-thousandths ( .0384) of an hour for each regular hour worked, or on paid leave, from the date of employment through the one hundred fourth (104th) full pay period of employment. (Accrual rate approximately two (2) weeks per year up to four (4) years of service. ) 18. 1(c) At the rate of five hundred seventy-five ten-thousandths ( .0575) of an hour for each regular hour worked, or on paid leave, from the one hundred fourth (104th) full pay period through the three hundred sixty-fourth (364th) full pay period of employment. (Accrual rate approximately three (3) weeks per year after four (4) years of service. 18. 1(d) At the rate of seven hundred sixty-seven ten-thousandths ( .0767) of an hour for each regular hour worked, or on paid leave , from the three hundred sixty- fourth (364th) full pay period through the six hundred twenty-fourth (624th) full pay period of employment. (Accrual rate approximately four (4) weeks per year after fourteen (14) years of service. 18. 1(e) At the rate of nine hundred fifty-eight ten-thousandths ( .0958) of an hour for each regular hour worked, or on paid leave, from and after the six hundred twenty-fourth (624th) full pay period of employment. (Accrual rate approximately five (5) weeks per year after twenty-four (24) years of service. ) 18. 1(f) A full pay period as used in this Article is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours . 18.2 Vacation cannot be accrued while an employee is in a non-pay status. 18.3 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 his vacation by requesting less than a full year' s allowance to be scheduled on consecutive workdays , his preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration in the selection of their first choice vacation period. 18. 4 The City shall not require an employee to take his vacation in lieu of sick leave or leave of absence on account of illness . -12- 18.5 If a holida; iich an employee is entitled t•ave off with pay occurs on a workday during the employee's vacation period , such employee will be entitled to an additional day of vacation and will be compensated for same. 18.6 A maximum of four hundred (400) hours of vacation allowance may be accumulated at any time. 18.7 Employees whose employment with the City is terminated for any reason shall , at the time of termination, receive any unused vacation period previously earned. ARTICLE 19 Uniforms 19. 1 The uniform allowance (which is presently $175.00 per year) is normally paid in July of each year and is for the purpose of maintenance and replacement of uniforms for the ensuing fiscal year. The allowance is not a reimbursement for the prior year. The first clothing allowance shall be a prorated amount for that period of time from the employee' s €4Fst ann4versary date of employment to the following July 1 . In addition to the foregoing, those employees assigned to motor- cycle duty will receive the difference in cost between the cost of regular pants , jackets and boots and the special pants , leather jackets and boots required for motorcycle duty, at the time of replacement. 19. 2 The City shall pay the reasonable cost of repair or replacement of uniforms , glasses or watches .up to one hundred dollars ($100.00) damaged in the course of employment. ARTICLE 20 Miscellaneous 20. 1 A regular or probationary employee who is summoned for jury duty and is thus unable to perform his regular duties will be paid for the time lost at his regular rate of pay;-prev4ded;-heweveF7-that-he-sha44-pay-te-the-64ty-Treasurer-any aNednt-paxd-te-htm-by-the-Eeurt-w4th-the-exsept4on-of-travel-pay- 20. 2 Any employee, at his request shall be permitted to review his own person- nel file. The file may not, however, be removed from the Personnel Office. 20.3 An employee who disagrees with the evaluator' s statements or conclusions with respect to the employee evaluation report shall have the right to review such evaluation report with the City' s Director of Personnel and Labor Relations and upon request, shall have the right to have an Association representative present. 20.4 Employee home addresses and phone numbers will not be released to anyone other than authorized City personnel without the permission of the employee. ARTICLE 21 Employee Benefit Programs 21 . 1 Retirement Plan: All regular and probationary employees are covered by a State of California Public Employees ' Retirement System program pursuant to an • existing contract with the Public Employees ' Retirement System. The major features are: one-half pay_at age fifty-five (55) ; normal retirement age Tiff ty-five (53 ; one (1) year' s compensation in formula ; 1959 Survivors Benefits; Post-Retirement -13- Survivors allowance; credit for unused sick leave; and military service credit. Effective as soon as legally permissible after the effective date of this Memorandum of Understanding the City will pay one percent (1%) of each covered employee' s regu- lar wages on his behalf and in lieu of a portion of his required payment to the Public Employees ' Retirement System. Effective June 24, 1979 the City will increase its payment to two percent (2%) . Effective July 6, 1980 the City will increase its payment to the maximum legally permissible but in any event to not more than three percent (3%) of covered wages. The City will increase the ordinary disability bene- fit from thirty-three and one-third percent (33-1/3%) to fifty percent (50%) as soon as legally permissible after the effective date of the amendments to this Memorandum of Understanding. Effective July 5, 1981 the City will amend its contract with the Public Empees ' Retirement S stem to rovide for a benefit formula of two percent (2%) at age fifty-five (55 . Effeet4ve-July-47-19775-sa4d-eestraet-w444-6e-amended te-previde-€er-Military-serviee-eredit-4Gevernment-Cede-SeetieR-29939-3);-ser-viee eredit-fer-u#used-siek-leave-at-retirement-4GevernmeRt-Cede-SeetieR-298627847-ene year-final-eempensatieR-instead-e€-three-years-(GeverRRient-Cede-Seetien-20G24-247 and-pest-retirement-sarvivers-5enefit-EGeverwa;eRt-Gede-Seetiei-21263)- 21. 2(a) Group Insurance: All regular employees and all probationary employees are eligible to participate in a group insurance program presently provided by California-Western States Life Insurance Company, effective the first day of the month following completion of one (1) month 's employment, whereunder the City shall contrib- ute 100% of the employee premium, or, at the option of the employee, the City will contribute 80% of the premium cost applicable for the employee and one dependent or 80% of the premium cost applicable for the employee and two or more dependents. In addition the City will pay the full premium for the employee's life insurance benefits which are equal to one (1) full year's salary rounded out to the nearest whole thou- sand dollars. 21.2(b) Effective July 1, 1978 the benefits will be improved by: increasing_ the major medical maximum to one million dollars (S1,000,000) , increasing the dependents ' life insurance to two thousand dollars (S2000) , increasing the psychiatric care to fifty percent (50%) of forty dollars ($40.00) up to a maximum of one thousand dollars ($1,000) and increasing the ambulance benefit to seventy-five dollars ($75.00) . 21.2(c) Effective July 1 , 1978 the City will increase its contribution to ninety percent (90%) of the premium cost for each active employee with de endent coverage; to ninety-five percent 95% on July 1 , 1979; and to one hundred percent 100% effective July 1, 1980. 21. 2(d) Effective July 1 , 1978 the City will pay twenty-five percent (25%) of the group insurance premium for each retiree and dependents , if any, presently enrolled and for each retiree in the future who goes directly from active status to retirement and continues the group insurance without a break in covera e. Effective July 1 , 1979 the City will increase its contribution to fifty percent 50%) . Pay- . ments by the City will be discontinued upon the death of the retiree or upon termina- tion of group insurance coverage. The City will not contribute payments on behalf of any retiree except as set forth above. ARTICLE 22 Term 22. 1 This Memorandum of Understanding having taken effect as of July 1 , 1974 , and -14- • having thereafter been amended, shall remain in full force and effect until the first day of July, 1982 1972, and thereafter from year to year unless written notice of change or termination shall be given by either party ninety (90) days prior to the expiration date above or the expiration date of any year thereafter, except, however, that the amendments scheduled to be effective on June 25, 1978 29;-1975, and there- after shall only become effective with approval of the City Council of City. 22.2 Whenever notice is given for changes , the general nature of the changes desired must be specified in the notice, and until a satisfactory conclusion is reached in the matter of such changes , the original provision shall remain in full force and effect. 22. 3 This Memorandum of Understanding shall not be amended or supplemented except by agreement of the parties hereto, reduced to writing and duly signed by each. 22.4 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict; the balance of this Memorandum of Understanding, however, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Memorandum of Under- standing as of the day and year first above written. s/ William Brickwood s/ Terrance P. Alvord William Brickwood Terrance P. Alvord City Manager President City of Redding Peace Officers Association of Redding s/ Robert E. Courtney s/ Larry D. Yount Robert E. Courtney Larry D. Yount Assistant City Manager Vice President City of Redding Peace Officers Association of Redding s/ Charles R. Reynolds s/ Charles R. Henry Charles R. Reynolds Charles R. Henry Director of Personnel Treasurer and Labor Relations Peace Officers Association of Redding City of Redding s/ Robert H. Whitmer Robert H. Whitmer Police Chief City of Redding Approved as to form: • s/ Earl D. Murphy Earl D. Murphy City Attorney City of Redding -15- IN WITNESS WHEREOF, the parties have executed these Amendments to the Memorandum of Understanding on the Jai* day of June , 1978, to be effective June 25, 1973. --(--/-(147--f---s-r . S/7,79d 44-44"-C.R._ P 4Luzn Q__ William Brickwood Terrance P. Alvord City Manager Chief Negotiator City of Redding,. Peace Officers Association of Redding (:::: ‘ (LtK Robert E. Courtney J s L. Adams Assistant City Manager Pj a Officers Association of Redding City of Redding Charles R. Reynold5W Keith J. Ada Director of PersoKnel Peace Office s Association of Redding and Labor Relations City of Redding • Po„Lid 42'' 11 Robert H. Whitener John . Grimes Chief of Police Peace Officers Association of Redding City of Redding ---75 .71:?"7 ,,..,4 A m c_c-,elf Bobby G. Co er Samuel A. McCall , Jr. ' Police C. ain Peace Officers Association of Redding City of Redding C. - - - - 5? Martin I . Dawson Peter os ello Police Lieutenant Attorney City of Redding Peace Officers Association of Redding Approved as to form: `��c(� r/:t-i&VP, l D. Murphy City Attorney City of Redding -16- • EXHIBIT "A" SCHEDULE OF WAGE RATES Effective June 25, 1978 Step 5 Monthly Equivalent 1 2 3 4 5 Police Officer I S6.40 $6. 69 $7.01 57.41 $7. 75 $1349 Police Officer II 8.15 1418 Police Officer III 8.56 1489 Police Court Officer* 8.98 1563 Police Investigator* 8.98 1563 Police STOP Officer* 8.98 1563 Police Sergeant 9.44 1643 *Positions subject to temporary upgrade or temporary reclassification only, and appointments or assignments may be terminated at any time. Effective June 24, 1979, the wage rate for Police Sergeant shall be increased by an additional five percent (5%) . • EXHIBIT "B" JOB DEFINITIONS Police Officer I , II , III An employee who is engaged in performing all classes of law enforcement work. His duties include, but are not limited to, traffic law enforcement, regulation enforce- ment, crime prevention and crime investigation, from complaint to final solution of cases within his assigned areas. In keeping with the concept of career development, as an Officer progresses through the various steps, he may be assigned increasingly more complex and varied duties in all fields of law enforcement work. His background of training and experience shall be such as to qualify him to perform his duties with skill , efficiency, tact and diplomacy. Requirements : Police Officer I , Step 1: Minimum standards for employment as established by the Commission on Peace Officer Standards and Training. Police Officer I , Step 2: A minimum of six (6) months ' service in law enforcement. Police Officer I , Step 3: A minimum of one and one-half (1-1/2) years ' service in law enforcement, a POST Basic Certificate*, and thirty (30) semester units. Police Officer I , Step 4: A minimum of two (2) years' service in law enforcement, a POST Basic Certificate*, and an AA degree or sixty (60) semester units. Police Officer I , Step 5: A minimum of three (3) years ' service in law enforce- ment, a POST Basic Certificate*, and an AA degree or sixty (60) semester units , and one (1) year in law enforcement with the Redding Police Department. Police Officer II , Step 5: A minimum of four (4) years ' service in law enforce- ment, a POST Basic Certificate*, an AA degree or sixty (60) semester units , and two (2) years in law enforce- ment with the Redding Police Department; or three (3) years ' service in law enforcement, a POST Basic Certificate*, a Baccalaureate degree or one hundred twenty (120) semester units , and two (2) years in law enforcement with the Redding Police Department. Police Officer III, Step 5: A minimum of six (6) years ' service in law enforcement, a POST Intermediate Certificate*, an AA degree or sixty (60) semester units , and three (3) years in law enforce- ment with the Redding Police Department; or a minimum of four (4) years ' service in law enforcement, a POST Intermediate Certificate*, a Baccalaureate degree or one hundred twenty (120) semester units , and two (2) years in law enforcement with the Redding Police Depart- ment. *As established by POST on July 1 , 1974. Police Sergeant An employee who is engaged in the supervision of employees who perform all classes of law enforcement work. His duties include, but are not limited to, planning work, coordinating field activity, and counseling and training of personnel . He shall have the personal qualifications of leadership and super- visory ability, knowledge of laws and court procedures , and be familiar with City' s accounting procedures , policies and rules and regulations . Requirements : In order to be eligible for promotion to Police Sergeant a candidate shall have served as a peace officer in California for at least five (5) years and shall have served in some capacity as a sworn peace officer with the Redding Police Deparment for at least two years as of the date of promotion. From the date of announcement of the final list of those eligible for promotion such list shall be maintained for a period of one (1) year. If this addition to the Sergeant Job Definition is challenged by either Federal or State authorities or by any employee or citizen, the Peace Officers Association of Redding agrees to share all costs of defense in such litigation on the basis of share and share alike with the City of Redding, and to participate as co-defendants in case of such litigation.