HomeMy WebLinkAboutReso 2006-082 - RPMA
..
e
e
.
RESOLUTION NO. 2006 - -..HL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE PROVISIONS OF THE MEMORANDUM OF
UNDERSTANDING ENTERED INTO BETWEEN THE CITY OF REDDING
AND THE REDDING POLICE MANAGERS ASSOCIATION EMPLOYEES,
EFFECTIVE MARCH 25, 2007.
WHEREAS, the Redding Police Managers Association Employees has been formally
recognized as the majority representative of an appropriate unit of employees, as set forth in Section
2.1 of Article 2 of the attached Memorandum of Understanding; and
WHEREAS, the designated representatives of the City of Redding have conferred with and
entered into a Memorandum of Understanding with the designated representatives of the Redding
Police Managers Association Employees, as required by the provisions of the Meyers-Mails-Brown
Act of 1968; and
WHEREAS, a copy of the Memorandum of Understanding is on file in the City Clerk's
office;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Redding that the aforesaid Memorandum of Understanding is hereby approved and shall be effective
March 25,2007.
I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at
a regular meeting of the City Council of the City of Redding on the 6th day of June, 2006, by the
following vote:
A YES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dickerson, Mathena, Pohlmeyer, Stegall, and Murray
None
None
None
..~ .....
I.... 1,:',
ATTEST: ",-~ ,~>.:::J^"", J
:.,-;- ~ ,"\\...' ': /" r
.... ",,"; ..........
" ".: ....,~~'
.....
FORM APPROVED:
.--?2/~~
RICHARDA. DUVERNAY, Ci ttorney
CONNIE S1:ROHMA-
.... /' :
'oJ>~~ " _'.1- ......
,., ' ,~
'.
" ~ , ,.
C:\Documents and Settings\BROWND\My Documents\Resolutions & Ordinances\Resolutions\R-2006-82.wpd
.
e
e
y'
MEMORANDUM OF UNDERSTANDING
between
THE DESIGNATED REPREsJ1N':rA'fl V ~s OF THE CITY OF REDDING
and
THE DESIGNATED REPRESENTATIVES
of the
REDDING POLICE MANAGERS ASSOCIATION
EXECUTED:
AMENDED:
AMENDED:
January 19, 1999, to be effective July 1, 1998
December 4, 2001, to be effective March 31, 2002
May 2. 2006, to be effective March 25. 2007
1./ ,"' /
::::~' )
~...,-:'
e
e
.'
TABLE OF CONTENTS
ARTICLE 1: PREAMBLE ...................... ..... ...................................... ....................... ............. ............. ... ................. 1
ARTICLE 2: RECOG NITI ON................................................................................................................................ 2
ARTICLE 3: CITY RIGHTS .................................................................................................................................. 2
ARTICLE 4: ASSOCIATION RIGHTS. .... .................................. ...................................................................... ....2
ARTICLE 5 : CONCERTED A CTMTIES................ ............ ............................................................ .................... 3
"ART.ICLE 6: ASSOCIATION SECURITY ............................................................................................................3
ARTICLE 7 : GRIEVANCE PROCEDURE .......... .................................................................................................3
AR TI CL E 8: SAFETy........................................................................ ................ ..................................................... 5
ARTICLE 9: INn USTRIAL DISABILITY ......................................................................... ................................... 5
ARTICLE 1 0: EMPLOYEE STATUS.. ........................................................................................... ....................... 6
ARTICLE 11 : COMPENSATION AND CLASSIFICATIONS ............................................................................ 6
ARTICLE 12: HOURS AND OVERTIME ............................................................................................................9
ARTICLE 13: ADMINISTRATIVE LEAVE ..........................................................................................................9
ARTICLE 14: SENIORITY ........................ .......................................... .......................... ......................... ............. 10
ARTICLE 15: PROMOTION AND TRANSFER................................................................................................10
ARTICLE 16: DEMOTION AND LA YO FF ........................................................................................................10
ARTICLE 17 : LEAVES.................... .......................... ...... ......... ................................. ........................... ................ 11
ARTICLE 18: EXPENSES ...... ............. .............. ............... .......... ......... ..... ............ .......... ................... ................... 13
ARTICLE 19 : SICK LEAVE ................ .................. ........... ..... ........ ............ .................... ....... .................. ....... ...... 13
ARTICLE 20: FUNERAL (BEREAVEMENT) LEAVE .....................................................................................14
ARTICLE 21: HO LIDA YS ...................................................................................................................................15
ARTICLE 22 : VACATIONS............... .......... ............. ........ ............ ..... ................... ......................... ....... ......... ...... 16
ARTICLE 23: UNIFORMS ................ ....... ............ ........... ....... .......................... .......... .... .......... ............ ........ ........ 19
ARTICLE 24: CONTINUING EDUCATION ......................................................................................................19
ARTICLE 25: MISCELLANEOUS ... .......................... .... .... ................... ...... ...... ................................ ... ..... .......... 19
ARTICLE 26: GROUP EMPLOYEE HEALTH AND WELFARE PROGRAM.............................................. 20
ARTICLE 27 : RETIREMENT PROGRAM ................. ............................ ........... ............... ........................ ......... 23
e
e
..
AR TI CLE 28: TERM................................................................................................... ......................................... 24
ARTICLE 29: SAVINGS PROVISION ................................................................................................................ 24
ARTICLE 30: EFFECT OF AGREEMENT ........................................................................................................24
ARTICLE 31: EMERGENCY PROVISION ....................................................................................................... 25
ARTICLE 32: ENTIRE AGREEMENT ........ .................................... ...... .............. ................................. .............. 25
EXHIBIT "A" - SCHEDULE OF SALARY RANGES
. '. , EX:HIBIT "B" - JOB DEFINITIONS
EXHIBIT "C" - REDDING POLICE DEPARTMENT SUBSTANCE ABUSE POLICY.
NOTE: Amendments effective March 25. 2007. are shown hv underlinine the new laneuaee
and strikine out the deleted laneuaee.
e
e
"
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 19th day ()f
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;
WIT N E SSE T H:
WHEREAS, the parties hereto desire to facilitate the peaceful adjustment of differences that
may from time to time arise between them, to promote harmony and efficiency to the end that the
City, the 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
1.1 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, 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 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
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.
1
e
e
.:
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 thi s
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 oflimitation, 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 layoff 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.
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 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
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 Manager and
such other management personnel as determined by the Personnel Director Human Resources
2
e
e
Manager. The meetings shall be summarized in written minutes. Except that the provisions ofthi s
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 form of check-off authorization shall be approved by both the City and the
Association.
ARTICLE 7: GRIEVANCE PROCEDURE
7.1 Any grievance 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 employment,
including discharge, demotion or discipline of an individual employee, shall be determined by the
provisions of this procedure, except that such matters which are included in the definition of
impasse as set forth in Resolution No. 4217 are not grievable. Establishment of employee pay
schedules are excluded from this procedure. Probationary employees shall not be entitled to invoke
the Grievance Procedure with regard to matters of discharge or demotion. This shall not, however,
prevent a Probationary employee from exercising any other rights under this procedure. Every
employee designated by the City to hear grievances shall have the authority to settle them.
Step I: The initial step in the resolution of a grievance shall be a discussion between the
employee 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
3
e
e
-
is the basis for the grievance. This step may be taken during the working hours of the
employee.
Step 2: If a grievance is not resolved in the initial step, the second 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 One.
Step 3: If a grievance is not resolved in the second step, the third 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 employee 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
Two.
Step 4: If the grievance is not resolved in the third step, the fourth 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. The fourth step shall be taken within ten (10)
calendar days ofthe date of the answer to Step Three.
Step 5: If a grievance is not resolved in the fourth step, the fifth step shall be the referral of the
matter to mediation by either party within twenty (20) calendar days of the answer to
Step Four. Whenever a grievance is referred to mediation, either the employee or the
City may request that the California State Mediation and Conciliation Service refer a
state mediator. The mediator shall assist the parties in the resolution of the grievance in
the same manner as that which is normally used in the mediation of interest disputes.
Referral to Step Six shall not occur until the mediator has released the parties from the
mediation process.
Step 6: If a grievance is not resolved in the fifth step of this procedure, the sixth step shall be
referral by either the City or the employee to arbitration. The sixth step shall be taken
within twenty (20) calendar days ofthe date of the answer to Step Five.
( 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
employee. In the event that City and the employee or their representative are
unable to agree on the selection of an Arbitrator, they shall request the State of
California Mediation and Conciliation Service to nominate five (5) persons to be
the Arbitrator. The City and the employee 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 employee. Notwithstanding the foregoing, the City and the
employee may, by mutual consent, agree on a single arbitrator to hear grievances,
on the same cost-sharing basis. The City and the employee shall pay the
compensation and expenses of their respective witnesses. At the employee's or
4
e
e
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 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.
7.2 Failure by the employee to meet any of the aforementioned time limits as set forth in
Steps 1,2,3,4, 5, and 6 will result in forfeiture. 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.
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.
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.
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. Holidays
which occur during the period for which an employee is receiving temporary disability
compensation shall not be recognized for compensation purposes.
5
e
e
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 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
and items of a similar nature as the employee becomes eligible.
10.3 A Temporary employee 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
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 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 for 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.
ten (10) or more consecutive days. 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, Manager, a past employee who both passed the probationary period and
resigned in good standing may be re-employed within two ill 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. 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 which has a salary range overlapping the salary range of
6
e
e
the employee's previous 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. Upon
promotion, Pay-for-Performance evaluations shall be reviewed after every twenty-six (26) full pay
periods of employment in the employee's new classification pursuant to the City's Pay-for-
Performance Policy. 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 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.
All employees hired after March 25. 2007. must make arrangements to have their pay deposited to a
bank account via electronic transfer.
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 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 is assigned to fill a vacant position or replace an absent
employee in a higher-paid classification and performs a substantial majority (greater than fifty
percent (50%)) of the duties of the higher classification for a period that extends beyond one full
pay period, such employee shall be temporarily reclassified to the higher position. The employee's
salary shall be increased by at least five percent (5%), but not to exceed the top of the range. Chief
of Police and Personnel Director Manager approvals are required.
11.7 Shift differential shall be paid as follows:
"~~~Yi~iiRCEm~~j?:"T'Z 'yA,.,3",";;'/'
5%
3.5%
Graveyard
Swings
5.0 percent
3.5 percent
7
e
e
11.8 POST and educational incentives shall be added to base pay as follows:
Associate of Arts or Science degree, or sixty (60) semester units, or
a POST Intermediate Certificate.
Bachelor of Arts or Science degree, or one hundred twenty (120)
semester units or a POST Advance Certificate.
Master's de ee.
*Effective March 25. 2007. 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 either the two aild one half percent (2 ~%) or the five percent
(5%) educational incentive or the seven and one-half percent (7 ~%). The initial eligibility for the
ar.nual $100.00 will be paid on the next scheduled payment date. The annual payment will be on a
separate eheck and paid during the seeond pay period in July.
2.5% plus $100.00* .\...^.. Of 1...8 degree, or sixty (60) semester units, or a POST
Intermediate Certificate~
5.0% plus $100.00* BA or BS degree, or one hundred tVlenty (120) semester units or a POST
.\dvance Certificate~
Eff{)ctive June 27, 1999, 7.5% plus $100.00* Master's degree.
* The ur.nual payment will be paid in the week follO\,ving the seeond payday in
ffily;
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 (April 1, 2002, to March 31, 2007) should the top of the salary range differential
between Police Corporal and Police Sergeant (cUIT'Cntl)' tv/ent)' one point four percent (21.1 %)
increase or decrease by more than 3.5 % at the expiration of either this agreement or the expiration
of any MOD between the City and the Redding Peace Officers Association during the term of this
agreement.
11.11 Effective December 19. 2003. bilingual pay of two and one half percent (2 ~%)
shall be added to the base pay of qualified employees who have been designated bv the Chief of
Police. or designee. to utilize bilingual skills.
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
8
~
e
e
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. T ASER. 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 layoff 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 except as otherwise provided, a basic workweek is normally defined to
consist of five (5) consecutive workdays of eight (8) hours each. Police Sergeants assigned to Field
Operations are assigned four (4) consecutive workdays of ten (10) hours each. 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 payor compensatory time off, will not have their leave balances (vacation, sick leave,
etc.) reduced for absences of less than four hours. Chief of Police approval is required.
12.4 Exempt employees shall not receive any compensation for overtime work, except
for employees who are eligible to receive one and one-half (112) times their regular pay when
assigned to perform mutual aid service on a non-work day or beyond normal work hours. The
foregoing provision shall only apply when such service is eligible for reimbursement reimbW"sablc
through the State of California or the Federal government. regardless of the actual amount
reimbursed to the City. if any. Office of Emergency Services. This provision shall not apply
to hours worked on programs that are pre-approved for funding through a State or Federal grant.
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.
9
?
e
e
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 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 Allpromotions 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 layoff 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.
10
e
e
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.
16.4 Sworn departmental management classifications may demote into the Peace
Officers Association of Redding 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.
17 .1 (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. 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.
17.1(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.
11
e
e
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.
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
absence is as a result of exhaustion of sick leave benefits an employee's group health and welfare
insUrance maybe maintained for up to three (3) calendar months on the normal premium-sharing
formula, providing the employee pays the employee's share ofthe 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 4, Section 7291.2 et seq.
17.4 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 Donation form to the Personnel
Department Division 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, 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 Manager.
(B) Once an employee is determined eligible, a posting will be distributed and use of
the donated hours will start as soon as possible. Under no circumstances '.viII total eligibility extend
beyond thirteen (13) pay periods.
(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.
12
e
e
Employees using donated vacation time '.vill not accrue holiday, vacation or sick leave benefits. As
with paid leave status, recipients shall continue to be eligible to participate in the group health and
welfare related 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 for 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 iob 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.)
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 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
members of the immediate family as defmed in 20.1, for up to forty (40) eight (18) hours
er 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.
Sick leave shall be allo'.'Ied for a non '.york related absence due to: (a) the inability of un
employee to be present or perform the employee's duties becilUse of personal illness, off duty
injury, or confinement for medical treatment; (b) personal medical or dental appointments, \vhich
are impractical to schedule outside of regular '.'Iorking hours; ( c) the need to be present during
childbirth, surgery, critical illness or injury involving members of the immediate family for up t8
forty eight (4018) hours per incident; (d) family sick lew,'e up to forty eight (18) hours per calendar
year for members of the immediate family. Sick leave to include mental or physieal illness.
Immediate J'amily as used herein includes only the employee's spouse, ehildren, grandchildren,
brothers, sisters, parents or grandpurents of spouse or employee, or other persons who are living in
the employee's immediate household.
13
e
e
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.
19.4 If an employee is off on sick leave on a fixed holiday, the holiday credit will be
used. However, if an employee is off on sick leave on a floating holiday, sick leave balances will
be used and the holiday credit will be deferred.
19.5 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 Manager, 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%).
19.6 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%%) 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%).
19.7 Upon retirement, an employee enrolled in California Public Employee's Retirement
System (CaIPERS) may, elect to receive credit for all or part of any unused/uncompensated sick
leave toward the employee's retirement benefit through CalPERS, pursuant to the contract between
the City of Redding and CaIPERS.
ARTICLE 20: FUNERAL (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; children, grandchildren, brothers, sisters, parents, or
14
e
e
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.
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 ofleave in a calendar year.
20.3 An employee must be in a paid status on both scheduled workdays immediately
adiacent to funeral leave in order to receive pay for such leave.
ARTICLE 21: HOLIDAYS
21.1 Regular employees, except as otherwise provided herein, shall be entitled to have
the following holidays off with pay:
(a) January 1st
(b) The third Monday in January, known as Martin Luther King, Jr. Day
(c) Lincoln Day*
(d) The third ~10nday in February, knO\.vn as President's Day
(e) The last Monday in May, knOVt'fl as Memorial Day
({) July 1th
(g) First Monday in September, knOVt'fl as Labor Day
(h) Employee's Birthday*
(i) The second Monday in October, knovm as Columbus Day* **
G) November 11th, kno..vn as Veteran's Day*
15
Fixed
Fixed
Floatin
Fixed
Fixed
Fixed
Fixed
Floatin
Floating
Floatin
Fixed
Fixed
Fixed
Fixed
e
e
(k) Thanksgiving
(1) . Friday after Thanksgiving
(m) The last four (1) \vork hours bef{}r€ Christmas **
(n) December 25th
* Observed as floating holidays
** Employees assigned to ''vork ten (10) hour smfts shall not observe Columbus Day and
the last f{)ur (4) ..,'ork hours before Christmas.
21.2 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 them 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 falls 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.
Employees who work alternative work schedules commonly known as 4/1O's or 9/80's or 4/5/9's
will be entitled to holiday pay for eight (8). nine (9). or ten (10) hours as applicable to regular
weekly work schedule.
21.3 fJ! employee may observe the employee's birthday holiday on the employee's
birthday or anytime during the pay period in ..{mch the birthday occurs, or the holiday may be
deferred and scheduled as vacations are normally scheduled. Floating holidays shall be scheduled
by employees and the employee's supervisors in the same manner as vacations are normally
scheduled. When an employee is required to work on a floating holiday the employee shall receive
pay at the straight time rate.
21.4 For those employees who are specifically scheduled and required by the Chief of
Police to work on a fixed holiday, that holiday may be deferred at the rate of one and one-half (1 ~)
hours off for each hour worked. Deferred time shall be scheduled in the same manner as vacation
days are normally scheduled.
21.5 An employee must be in a paid status on both workdays immediately adjacent to the
holiday in order to receive pay for the holiday.
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:
16
.
e
e
2 weeks
3 weeks
3 Y:z weeks
4 weeks
4 Y:z weeks
5 weeks
1-4
After 4
After 9
After 14
After 19
After 24
22.1 (b) .^..t the rate of tllirty nine thousandths (.039) of an hour for each regular hOllI
'.vorked, or on paid leaye, from the date of e~loyrneat through the one hundred fourth (l04th) full
pay period of employment. (.^.I.ccrual rate approximately hvo (2) '.weles per year up to four (4) year~
of service.)
22.1 (c) .^..t the rate of fifty eight thousflfldths (.058) of an hour for each regular hoUl'
worked, or on paid lea';e, from the one hundred fourth (to4th) full pay period through the hvo
hlIDdred thirty foooh (231th) full pay period of effiJJloymeftt. (.\ecrual rate apprmdmately three (3)
vi'eeks per year after f-our (4) years of service.)
22.1 (d) .^..t the rate of sixty eight thousandths (.068) of flfl hour f-or each regular hoUl'
vlOrked, or on paid lea';e, fr-om the hvo ffimdred tllirty fourth (234th) full pay period thrOl:lgh the
three hundred sixty fourth (361th) full pay period of employment. (Accrual rate approximately
three and one half (3 ~~) v/eeks per year after nine (9) years of service.)
22.1 (e) .\t the rate of seventy seven thousandths (.077) of an hour for each regular hour
','lorked, or on paid leave, from the three hundred six.ty f-ourth (361th) full pay period of
emplo)ment through the four hundred ninety f-ourth (491th) full pay period of employment.
(.^..ccrual rute approximately four (4) weeks per year after fol:H1:een (14) years ofserviee.)
22.1(f) At the rate of eighty seven thousandths (.087) of an hour for each regular hour
'.vorked, or on paid leave, from the f-our hundred ninety fourth (194th) full pay period through the
six hundred hventy fourth (621th) full pay period of emplo)ment. (Accrual rute approximately four
and one half (1 ~~) '.veeks per year after nineteen (19) years of service.)
22.1 (g) At the rute of ninety six thousandths (.096) of an hour f-or each r'Cgular hour
'Norked, or on paid lea';e, from and after the six hundred hventy fourth (621th) full pay period of
employment. (f..ccrual rute approximately five (5) weeks per year after tv.'Cnty four (21) years of
service.)
22.1 (Qh) 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 (~i) 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.
17
e
e
22.1 (ill) In the event of departmental cancellation of a previously scheduled vacation or 0 f
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 Manager 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.
22.4 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 If an employee is off on vacation on a fixed holiday, the holiday credit will be used.
If an employee is off on vacation on a floating holiday, vacation balances will be used and the
holiday credit will be deferred.
22.7 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.
22.8 The City wilL at the employee's option, compensate employees for accumulated
vacation during any fiscal year as follows:
nt' '";i,~;rMXNXMUM~A(jc'R.UjlE:",, i, 1J{",,:'<:'MmMUM~HQlJRs\piYAB[E{t;,:{,:;,'"
. ~.>:~'il'.~_.",~.. '",~ _ ,'.." "', "dO ....'~.." ..,.' __ Y" '_ ", .J;,.__.. ... '_,,_, _.. .;. ....,'> __",._ ".^.o __ . '. _.. ....._~ ~'>..\,..'ic~, ":,'
1 20 40
240 80
3 6 0 I 2 0
',l.'hel'le'/er an employee has accrued one hundred tv,'enty (120) hours or more vacation allowance,
the City '.vill, at the employee's option, compensate the employee for up to forty (40) hours of
acclliIlulated vacation during any fiscal year. \Vhcne'/cr llil employee has accrued two hundred
forty (210) hours or more of '/ucation allov/lll'lce, the City will, at the employee's option,
18
f
e
e
compensate the employee for up to eighty (80) hours of accumulated 'location during any fiscal
year.
22.9 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 Effective March 25. 2007. the annual uniform allowance shall be $900 800.00 and
will be paid in equally divided installments on a bi-weekly basis with the City's regular payroll
processing. Effective March 25. 2006. new Police Officers will be given the opportunity to
receive the full amount indicated above. spend the full allowance with a City vendor. or spend a
partial amount with a vendor and receive the remaining amount with payroll. All of the above
transactions must be completed prior to the end of the current fiscal year. In July following the
new employee's hire date. regardless of time with the Police Department. the employee will begin
receiving bi-weekly installments with the regular payroll.
The uniform allowance shall be paid the week following the second payday in July of eaeh )'Oa:r and
is for the purpose of mail'ltenance and replacement of unif-orms fer the castling fiseal year. The
ulliform aUO'.va.nce '.vill be $800.00. The allovlaIlce is not a reim.bursement f-or the prior year. The
first clothing allowance shall be a prorated amount f-or that period of tim.e from the ef:l'll3loyee' s date
of employment to the follo'.ving July 1. Employees sepa:rating employment shall haye the lHliform
allO\vance advanced for that fiscal year deducted from their final paycheck, except for the prorated
amount for that period of time from July I to the date of scpa:ration.
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 iacket to wear at ceremonial
functions.er 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 Employees must obtain prier approval from the Chief of Police and the Personnel
Director. Manager. Reimbursement shall be limited to two hundred dollars ($200.00) 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.
19
e
e
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. Office.
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."
25.4 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 Peace Officers Association of Redding, as well as any other
City policies regarding drugs and alcohol.
25.7 To promote a reasonable response time to emergency situations in the City of
Redding. all employees who hold a classification listed on "Exhibit A" of this Memorandum of
Understanding shall establish and maintain within four (4) calendar months of the completion of
their probationary period. a primary residence within forty (40) City/County roadway miles and
no more than sixty (60) minutes driving time to the Police Department headquarters or their
normal worksite.
ARTICLE 26: GROUP HEALTH AND WELFARE BENEFIT PROGRAM IN8URf..NCE
26.1 Regular employees are eligible to participate in a group health and welfare insurance
benefit program effective the first day of employment. The City shall pay the fI:tH cost of the
program for both employees and dependents as indicated below: Coverage highlights include:
(Ai-) 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~) Health Benefits: Effective March 25. 2007. the City's contribution toward the
monthly group health and welfare insurance composite premium rate shall be ninety percent (90%)
and the employee will begin paying ten percent (10%) of the rate through a bi-weekly payroll
deduction. 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.
20
e
e
In an effort to mlmmlze 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 ~%) per year (or the actual percent increase in actual costs from the previous
calendar year, whichever is lower). To ensure that the ninety percent/ten percent (90%/10%) ratio
is maintained over time, the following leveling mechanism shall be used:
If the composite
premium rate 12 ~% 15% 10% 13 ~% 11 ~%
change is:
10% = $106 The 12 ~% 12 ~% 12 ~% 12 ~% 12 ~%
change to the
employee's 10% $119 $134 $151 $170 $191
will be:
-2 ~% +1% The City
+2 ~% The employee pays the Zero
additional 1 %
The impact is: No Impact The City pays the begins paying cost until made Nothing would
additiona12~% the 2~% to be due to the
cost until made up. make up from up by the City.
the year before. employee the
followin ear.
In the event the composite premium rate change is less than 12~%, 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 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.
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.
Effective March 25, 2007, benefit highlights include: $200 deductible per person;
$600 deductible per family per year; 80% payable for services performed by a Preferred Provider or
when no Preferred Provider is available and 70% for services performed bv a non-Preferred
Provider for the first $5,000 of eligible charges; the out-of-pocket waiver on the next following
calendar year shall be eliminated; hospital charges 100% payable; $100 deductible per person per
year; 80% payable for first $5,000 of eligible charges, except for hospital charges which are 100%
payable; 100% thereafter up to two ene million dollars lifetime limit; professional fees based upon
nc.R.; normal typical exclusions and limitations. The City '.vill pay the cost of the first twelve
(12) out patient visits per ealendar year for treatment related to alcohol or substance abuse UI'ld
mema:l health disorders at 100%, with no deductible, and an additional twenty four (24) visits per
calendar year payable at eighty percent (80%) subjeet to the ar.nual deductible. More specific
information regarding the health. prescription and dental benefits are provided in the City of
Redding Employee Group Health and Dental Plan Booklet.
21
e
e
(C) Prescription Benefit: Employee co-payments as shown in the following table:
CURRENT
Co-Payment
$5.00
$15.00
$8.50
Generic
Brand
No Generic Available
$7.50
$22.50
$12.75
$11.25
$45.00
$22.50
The cost of the Prescription benefit program is outlined under "Health Benefits" above.
(~) Prescription Drug Card: No ded\:lctible; Ii $5.00 employee co payment for geRene
prescriptions; an $8.50 employee co payment f-or brand name prescriptions;.:.
Effectiye .\pril 1, 2002, the employee co payment \vill increase to $15.00 for
brand name prescriptions if there is a generic equivalent available. There is also
a provision for mail prescriptions. Effecti';e April 1, 2002, coverage will include
tobacco use cessation when enrolled in a tobacco use cessation program or
behavior modification program once per lifetime limit, and birth control.
(D4) Dental Benefits: No deductible and 100% of VCR for prevention; no deductible
and 50% up to $2,000 per lifetime per person for orthodontia; $25 deductible and 80% of VCR
(90th percentile) up to $2,000 per person per year for all other eligible charges. The premium cost
ofthe Dental benefit program is outlined under "Health Benefits" above.
(E~) Long Term Disability: The City has agreed to pay an equivalent montWy
premium amount to the Association to purchase their own long-term disability policy. The monthly
amount shall be equal to the premium the City would pav if Association members participated in
the City's long-term disability program for all other eligible employees. After three (3) months,
60% of employee's salary to a maximum of $5,000 per month integrated with all other income
benefits payable to age 65. Subiect to the approval of the City's current carrier for this benefit. the
Association mav elect to be covered by the City's plan. The City will pay for s':lorn Police
management employees the same amount toward long term disability benefits as is paid f-or
miscellaneous employees.
(E6) Vision Benefits Gare: This plan shall be equivalent to Plan 1\ available from the
California Vision Service Plan. This plan has a $25 deductible, provides for an examination every
twelve (12) months, lenses every twenty-four (24) months, and frames every twenty-four (24)
months. The premium cost of the Vision benefit program is outlined under "Health Benefits"
above.
22
e
e
26.2EB1 The City will pay fifty percent (50%) of the group health and welfare medical
insurance program premium for each retiree including dependents, if any, presently emolled and for
each retiree in the future who goes directly from active status to retirement and continues the group
medical insurance without a break in coverage. Payments by the City will be discontinued upon the
death of the retiree or upon termination of group medical insurance coverage. The City will not
contribute payments on behalf of any retiree except as set forth herein. Following the death of a
retiree, a surviving spouse may continue the insurance. The addition of dependents acquired after
retirement shall be subiect to the "Special Emollee" provisions of the Health Insurance portability
and Accountability Act as outlined in the Employee Group Health and Dental Plan Booklet.
Effective July 1, 1998, prospective retiree may continue dental and vision insurance
coverage as a package under the fifty percent (50%) premium cost sharing basis provided the retiree
also maintains the medical insurance. Begillfling .ALpol 1, 2002, the City will allow a retiring
employee to elect to use all or part of aeerued benefit payouts to pre pay group medical insUfancc
pr-emiums. If the employee elects to have medical insUffl:l1ce pre paid, an interest bearing aeeount
(at City pooled cash rate) vAll be set up for this purpose. The aeemmt 'Nill be used to pay monthly
insurance premiums lHltil the funds are exhausted or the retiree elects to withdm':; the funds. The
optional \vithdra'NaI is a one time option and no partial withdrawals v;ill be allowed.
26.J.~ The City and the Association agree to meet and discuss during the term of this
Agreement (April 1, 2002, to March 31,2007) 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.
ARTICLE 27: RETIREMENT PROGRAM
27.1 All Regular employees are covered by the California Public Employees' Retirement
System (CalPERS) program pursuant to an existing contract.
27.2 City provides the three twe percent (J.2.%) at age fifty (50) benefit formula; one (1)
year's compensation in formula; fourth level 1959 Survivors Benefits; Survivor Continuance
allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit; City pays the
employee's contribution of nine percent (9%); military service credit buy back option; and the value
of the employer paid member contributions (EPMC) shall be reported to PERS as compensation.
effective JlHle 27, 1999, except for Police Sergeants which became effective on May 1,2001.
The parties agree that the City will begin providing the CalPERS 3% @ 50
retirement plan on or before December 1,2002, or as soon thereafter as practicable. If the City does
not implement the 3% @ 50 plan by December 1, 2002, the City will provide a cempensation
increase of eight percent (8%), paid as deferred compensation. Said compensation will be
considered base salary and will be paid into one of the eligible IRS 457 def-crred compensation
plans off~red to all City employees. The salary increase '.vill be considered temporary and will be
eliminated at such time as the City provides the 3% @ 50 retirement plan.
23
e
e
The City ':Iill obtain, as soon as practicable, an acmma! valuation of the cost of
increasing the maximum CalPERS retirement COLf... from 2% to 3%. If the ,'\ssociation elects to
forego a \vage increase equal to the cost, the City will implement the retirement enhancement.
27.3 A retiring employee may choose to have any accrued benefit payout due. all or part.
paid in the next calendar year following the date of retirement. Upon retir-ement and '.vith City
approval, employees may choose to have any accrued benefit payout due, aU or in part, paid in up to
three equal installmeBts in a period not to exceed thr-ee (3) calendar years.
27.4 The City and the Association agree to meet and discuss during the term of this
agreement (.^...pril 1, 2002, to March 31, 2007) the impacts of any Federal Government mandate for
the City to participate in the Social Security program.
ARTICLE 28: TERM
28.1 This Memorandum of Understanding, having taken effect as of July 1, 1998, shall
continue in full force and effect until the 31 st day of March, 20 12,~, 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.
28.2 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.
28.3 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 29: SAVINGS PROVISION
29.1 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 30: EFFECT OF AGREEMENT
30.1 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.
24
e
e
ARTICLE 31: EMERGENCY PROVISION
31.1 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 32: ENTIRE AGREEMENT
32.1 Except as specifically provided in Article 28 (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.
25
e
e
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding
as of the day and year first above written.
s/Michael Warren
Michael Warren
City Manager
s/Leonard Motv
Leonard Moty, President
Redding Police Managers Association
s/Randy Bachman
Randy Bachman
Administrative Services Director
s/Sidney Riley
Sidney Riley
Negotiator
s/Kurt Starman
Kurt Starman
Deputy City Manager
s/Craig Wooden
Craig Wooden
Negotiator
sl David E. Tranberg
David E. Tranberg
Assistant City Attorney
sl Brenda Sciarra
Brenda Sciarra
Senior Personnel Analyst
26
e
e
IN WITNESS WHEREOF, the parties have executed these Amendments to the Memorandum of
Understanding on the 4th day of December, 2001 19th day of May, 2006, to be effective March 31,.
~March 25,2007.
s/K urt Starman
Kurt Starman
City Manager
s/Peter Hansen
Peter Hansen, President
Redding Police Managers Association
s/Linda Johnson
Personnel Director
siB en Reed
Ben Reed
Negotiator
sl Brenda Sciarra
Brenda Sciarra
Senior Personnel Analyst
27
e_
e
EXHIBIT "A"
REDDING POLICE MANAGERS ASSOCIA liON
SCHEDULE OF SALARY RANGES
114 Police Captain
Effective Date Salary Range
March 25, 2007 $6,296 - $7,491
April 6, 2008 $6,611 $7,865
April 5, 2009 $6,908 - $8,219
April 4,2010 $7,184 - $8,548
April 3, 2011 $7,436 - $8,847
March 25,2007 $7,179 - $8,546
April 6, 2008 $7,538 - $8,973
April 5, 2009 $7,877 - $9,377
April 4, 2010 $8,192 - $9,752
April 3, 2011 $8,479 - $10,093
March 25, 2007 $8,001 $9,525
April 6, 2008 $8,401 $10,001
April 5, 2009 $8,779 - $10,451
April 4, 2010 $9,130 - $10,869
April 3, 2011 $9,450 - $11,249
J/C Classification
203 Police Sergeant
128 Police Lieutenant
Police Sergeant positions are subject to temporary assignments which may be terminated at
any time.
For those 3ssignmonts of ^RMOR, SERT, Certified Instructor!:, 3nd 10 Te.chnici::ms, a specialty
pay of R'/e percent (5%) over base pay '....ill be paid but Sh311 be limited to !:uch time as they are
performing that specific function.
e
e
EXHIBIT "8"
JOB DEFINITIONS
Police Sergeant
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; perfonn
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 or 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 all 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 perfoffi1 other related duties as assigned.
e
e
EXHIBIT "C"
REDDING POLICE DEPARTMENT
SUBSTANCE ABUSE POLICY
e
e
SUBSTANCE ABUSE POLICY
TABLE OF CONTENTS
Section Page No.
Section I. POLICy........ ... ................................................................................ .... ........... 3
Section II. MANAGEMENT AND SUPERVISORY RESPONSIBILITIES ................. 5
Section III. TRAINING .................................. ....... .... ......................... ............... ............... 5
Section IV. SUBSTANCES FOR WHICH TESTING WILL OCCUR............................. 6
Section V. SUBSTANCE TESTING PROCEDURES..................................................... 6
Section VI. REHABILITATION......... ......... ............... .............. ........... .................... ......... 10
Section VII. DISCIPLINARY ACTION..................... ........................................... ............. 12
Section VIII. MEDICAL REVIEW OFFICER.... ................... ............................................. 12
Section IX. CONFIDENTIALITy........................... ...................... ........ ........................... 12
Section X. SEVERABILITy....... ..................................................................................... 13
Attachment "A" CUT-OFF LEVELS FOR SUBSTANCE ABUSE TESTING ...................... 14
Attachment "B" RESPONSIBILITIES OF THE MEDICAL REVIEW OFFICER ................. 15
Attachment "c" CONSENT FORM TO DRUG TESTING ..................................................... 17
2
e
e
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 performance;
2. To encourage voluntary rehabilitation.
c. APPLICATION OF POLICY
This policy shall apply to all employees in the RPOA bargaining unit ofthe Police
Department.
D. GUIDING PRINCIPLES
There are three guiding principles underlying the City's policy on a drug and a1cohol-
free workplace. They are:
1. Education
The City believes that education and training of all employees in the effects and
treatment of substance abuse will contribute to a safer and more efficient
workplace for everyone.
3
.
e
e
2. Deterrence/Enforcement
The City is committed 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 termination of
employment.
3. Treatment
The City is committed to helping employees with admitted substance abuse
problems overcome those problems, where feasible, and encourages voluntary
rehabilitation.
E. RULES
In furtherance ofthe substance abuse policy, the City has formulated clear rules and
penalties to ensure compliance. Violation of these rules may result in disciplinary
action up to and including discharge. The primary rules are:
1. The use of illegal drugs and the illegal use of prescription drugs or controlled
substances are prohibited.
2. The manufacture, sale, distribution, or possession of illegal or controlled drugs,
and any attempt to offer to sell or distribute illegal or controlled drugs by any
employee at any time except in the performance of the employees responsibilities
is prohibited.
3. Employees shall not report for work or be in stand-by or on-call status while they
have in their system alcohol, illegal drugs, or prescription drugs that will
adversely affect their alertness, coordination, reaction, response or safety, unless
so authorized or directed by a supervisor.
4. The use or 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 of an unopened, sealed container of alcohol, because
of an unsolicited delivery, is not a violation of this rule, provided that the
employee/recipient immediately notifies his/her supervisor of such delivery.
5. Employees who appear to be affected on the job by drug or alcohol use may be
required to submit to drug/alcohol testing pursuant to section V.
6. Any employee taking prescription medications which may affect job performance
must report this treatment to his or her immediate supervisor prior to reporting
for duty and provide a prescription within twenty four (24) hours if requested.
4
.
e
e
7. Employees shall report on duty conduct prohibited by this policy immediately to
their supervisor when employees have a reasonable basis to believe that another
employee is engaging in such activities.
8. A copy of this policy will be delivered to each current and each new employee.
Such delivery 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 program for substance abuse rehabilitation;
D. Be aware of substance abuse indicators (see illustrative list at V, 2);
E. Document all instances of violations of this policy;
F. Conduct investigations promptly and properly when suspicion exists that an employee
may be impaired or affected by drug or alcohol use;
G. Conduct investigations promptly and properly when the presence or use of drugs or
alcohol in the workplace or during work time, including lunch or breaks, is suspected.
H. When the results of investigations indicate that discipline is warranted, impose fair
and reasonable discipline in an appropriate manner consistent with the elements of the
individual case.
1. Monitor the participation and progress of employees in rehabilitation or aftercare
programs.
III. TRAINING
The City will develop and conduct drug/alcohol awareness training sessions for all employees
concerning this Policy, and the personal, safety and work effects of drug and alcohol use.
Management will require attendance at such training sessions.
Management will use its best efforts to ensure that all supervisors are trained in substance
abuse observation techniques at the earliest possible time following appointment to a
supervisory rank
5
e
e
IV. SUBSTANCES FOR WHICH TESTING WILL OCCUR
The City will test for substances included by the United States Department of Health and
Human Services (DHHS) and will test in accordance with the Substance Abuse and Mental
Health Services Administration (SAMHSA) standards as such lists exist at the time of
testing. Currently substances included under SAMHSA standards are as follows:
A. Marijuana (cannabinoids)
B. Cocaine
C. Opiates (narcotics such as heroin, morphine, codeine and other medicinal narcotics)
D. Phencyclidine (PCP)
e:. Amphetamines (racemic amphetamine, dextroamphetamine, and methamphetamine)
~ Alcohol
G. Barbiturates
H. Benzodiazepines
1. Methaqualone
V. SUBSTANCE TESTING PROCEDURES
A. CATEGORIES OF TESTING
The City will conduct the following types of drug/alcohol tests:
1. Voluntary
When an allegation against an employee not rising to the level required for
reasonable suspicion testing occurs, an employee may volunteer to submit to
drug/alcohol testing at the employer's expense with prior approval of the City.
2. Reasonable Suspicion
Employees must submit to tests for alcohol and/or for illegal and controlled
substances when the employee is reasonably suspected of being impaired or
affected by drug or alcohol use.
1. Reasonable suspicion for testing means suspicion based on specific
personal observation of two (2) supervisors, unless only one supervisor is
practically available. (For this purpose, supervisor shall be defined as an
employee of the rank of Sergeant Corporal or above.) The observing
supervisor(s) must have been trained in the detection of drug and alcohol
use, and shall describe and document:
(1) Specific personal and articulative observations concerning the
appearance, behavior, speech, or performance of the employee; or
6
e
e
(1) Violation 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; or
(3) Other physical, circumstantial, or contemporaneous indicators of drug
or alcohol use.
b. While observations and reports of third parties do not of themselves
constitute reasonable suspicion, they may trigger an internal or administrative
investigation. A drug/alcohol test may be required as a part of 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 Investigations
In the absence of reasonable suspicion, when conducting internal or
administrative investigation, supervisors will consider sending the involved
employee for drug/alcohol testing. Examples of when such testing may be
required are:
a. Involvement in an accident while on duty ~hat results in injury to the
employee or another person, or in significant property damage.
b. Involvement in a critical incident while performing law enforcement duties.
For this purpose a critical incident shall be defined as:
(1) Use of deadly force,
(2) Accidental/intentional discharge of a firearm (not including range
practice ),
(3) An application of force resulting in serious injury or death,
(4) A complaint of the use of excessive force which caused serious
InjUry,
(5) Other life threatening incidents.
To the extent feasible under the circumstances, an employee subjected to a
substance test as part of a criminal investigation will also 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
decision to test shall not be arbitrary or capricious and good cause shall be
evident.
7
e
e
4. Random
Random drug/alcohol testing will be required for all department peace officers in
the unit.
The universe for selection purposes will consist of all sworn peace officers in the
Police Department.
The City will determine when such testing shall occur. Selection for random
testing will be made by an outside vendor. Numeric designations rather than
employee names will be provided to the vendor for the selection process. When
random tests are ordered, the collection ofthe test specimen will occur during or
at the end of the employee's normal work shift. To the extent operationally
feasible as determined by the City, a lot of one or more names provided by the
vendor for testing purposes will be tested before a subsequent lot of one or more
names is tested.
B. TESTING PROCESS
The testing or processing phase, including the cut-off levels for tested substances
(Attachment "A"), will be consistent with SAMSHA standards as they exist at the
time oftesting and will be performed at a SAMSHA certified facility.
1. The order to submit to a substance test may initially 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, a Police Captain or a Watch
Commander. Such written order will be issued as soon as is practicable after the
initial order is given for the test, but may not be issued until after the test is
administered.
2. The employee will be advised of his/her right to have a representative present
prior to testing. A reasonable amount oftime 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 drugialcohol test and sign a Release and Consent
Form. Failure to submit to a drug/alcohol test or to sign the Release and Consent
Form will be considered to be insubordination for failure to follow a direct order.
An employee taking such action will be placed on leave-without-pay and may be
subject to discipline up to and including discharge from City employment.
4. Except for random testing, an employee sent for non-voluntary testing will be
placed on leave-with-pay status until the test results are rendered to the
department.
8
e
e
5. When notifying the appropriate collection facility that an employee is being
transported for testing, the employee will 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 to do so.
6. A supervisor will transport and/or accompany the employee to the collection
facility, except when random testing.
7. The drug test will consist of a urine test. The procedures for collection of the
urine sample will be in compliance with SAMHSA standards. An initial positive
report will not be considered positive; rather it will be classified as confirmation
pending.
8. The confirmation test will be a GC/MS procedure in compliance with SAMHSA
standards. The confirmation test will use the same sample as taken in the initial
step. Notification of positive test results to the Chief of Police or his designee
will be held until the confirmation test results are obtained. In those cases where
the second test confirms the presence of drugs in the sample, the sample will be
retained for a minimum of six (6) months to allow further testing if requested.
9. Employees who have been subjected to a drug/alcohol test where no alcohol or
illegal drugs were found, will receive a report so stating and then shall return to
work.
10. If the test result is positive, the Medical Review Officer will provide an
opportunity for the employee to discuss whether there is a legitimate medical
explanation for the test results.
11. Verified drug/alcohol test results will be sent directly to the Chief of Police from
the Medical Review Officer.
12. The Chief of Police, or designee, will provide an opportunity for the employee to
meet with him/her and discuss the drug/alcohol test result.
13. If the result is positive, rehabilitation and/or disciplinary action will be
determined and administered by the Chief of Police or his designee.
14. An employee who does not pass a drug/alcohol test may request that the original
urine sample be analyzed again at the employee's expense at the rate charged to
the City. Such analysis shall 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 located in California.
15. Each step in the collecting and processing of the urine specimen will be
documented to establish procedural integrity and the chain of evidence.
9
e
e
16. Time required to participate in a non-voluntary testing procedure outside of an
employee's normal work shift will be considered time worked for overtime
purposes.
VI. REHABILITATION
A. METHODS OF REFERRAL
Employees may be referred to rehabilitation programs in the following manners:
1. Voluntary Self-Referral
An employee who has a legal drug and/or alcohol abuse problem can voluntarily refer
him/herself to a Licensed Substance Abuse Counselor for treatment. The Counselor will
evaluate the employee and make a specific determination of appropriate treatment.
V oluntary self-referral does not relieve the employee of the obligation to submit to
drug/alcohol testing as may be required by management pursuant to this policy.
2. Referral by Department Management
Employees with positive legal drug/alcohol test results may be directed by the Chief or his
designee to submit to evaluation by a Counselor and if recommended by the Counselor, to
participate in a substance abuse rehabilitation program.
For the purpose of this section "legal drug" shall be defined as over-the-counter
and/or prescription drugs.
B. REHABILITATION AND AFTERCARE PROGRAMS
1. The terms and conditions ofthe rehabilitation program and the aftercare program
will be determined on a case-by-case basis by the Counselor and the Chief of
Police, or his 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 his designee. The employee will be required to abide by
such terms and conditions. Refusal or failure to do so may be grounds for
disciplinary action up to and including termination.
2. The employee may be placed in a medically supervised rehabilitation program,
which may include full in-patient hospital care or outpatient rehabilitation care,
provided by a City approved drug/alcohol rehabilitation facility.
3. If recommended by the Counselor and treatment facility, the employee may apply
for a leave of absence to the limits as outlined in the M.O.U. (Memorandum of
Understanding) between the City and the RPOA.
10
e
e
4. The Counselor and the treatment facility, if used, must certify in writing to the
Chief of Police of the employee's successful treatment completion and release to
work.
5. After the employee has successfully completed the rehabilitation program, the
employee will be placed in an aftercare program.
6. The employee may, at the recommendation of the Counselor and at the discretion
of the Chief of Police, be permitted to return to work in his/her job classification
during outpatient rehabilitation or during aftercare. To qualify for such return to
work the employee must reasonably be expected to perform his/her job
responsi bili ties.
7. Prior to returning to work the employee may be scheduled for an examination,
including a drug/alcohol test at the discretion of the Chief of Police.
8. Employees participating in rehabilitation and aftercare programs, as a condition
of such participation, will be subject to drug/alcohol testing as may be deemed
appropriate by the Chief or his designee.
9. Any changes or modifications in the rehabilitation or aftercare programs must be
approved by the Chief of Police.
10. The employee may use appropriate accrued leave as provided in personnel rules
and/or in the MOD during absences for rehabilitation and aftercare programs. If
no such accrued leave is available, the employee will be in a non-pay status.
11. Costs associated 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, to such programs. 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
program will be determined by the Chief of Police.
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 Personnel Manager until such time as the
employee is released from the rehabilitation and aftercare programs. At that time
City retained records will be transferred to the Personnel Office and there
maintained in accordance with Section X of this Policy.
VII DISCIPLINARY ACTION
11
~
e
e
The City may take disciplinary action up to and including discharge against any employee
who:
A. Tests positive for alcohol or for substances, as identified in Section IV in an amount
which meets or exceeds the cut-off levels established by SAMHSA, as they exist at
the time of testing (Attachment "A"),
B. Refuses required testing pursuant to this Policy,
C. Adulterates or otherwise interferes with accurate testing required pursuant to this
Policy,
D. Fails to comply with the provisions of the return to work and aftercare programs,
E. Has used illegal drugs while employed as a peace officer by the City of Redding,
F Has abused prescription drugs while employed as a peace officer by the City of
Redding,
G. Violates a rule in Section I (E) of this 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 drug/alcohol testing.
B. The responsibilities of the MRO are outlined in Attachment "B". These
responsibilities are consistent with SAMHSA standards. If such standards relating to
the role of the MRO change so shall Attachment "B".
IX. CONFIDENTIALITY
The results of any drug and/or alcohol test will not be revealed to any person other than the
City Manager, Assistant City Manager, Chief of Police (or designee), Personnel Manager (or
designee), and the rehabilitation/aftercare counselor, unless ordered by means of proper legal
procedure and appropriate legal authority, such as a court ordered subpoena, or in connection
with City discipline or a grievance or arbitration proceeding initiated by or on behalf of the
individual without the express written authorization ofthe employee.
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 records will not be a part of the individual
personnel files.
12
e
e
B. All documents identified in this section will be secured and maintained in the
Personnel Office under the custodianship of the Personnel Manager.
C. All documents relating to drug/alcohol testing, the circumstances concerning such
testing, 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,
· Records of the specimen collection process to indicate specimen identification,
accountability, and chain of custody,
· Records of test results and any information provided by the affected individual
concerning legitimate medical reasons for positive results and re-tests,
· A master list of individual names and matching identification numbers for all
cases,
· Records regarding an employee's rehabilitation program, aftercare program, and
the Return to Work Agreement.
D. Invoices for services provided by collection sites, laboratories, and Medical Review
Officers shall be directed to the Chief of Police or his designee, and reference only
the case number of the individual involved.
E. When a drug/alcohol test is ordered, the collection 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 of collection the employee will be identified to the
Medical Review Officer, in accordance with SAMHSA standards.
F. To provide for the maintenance of confidentiality as required above, supervisors will
be informed on a need-to-know basis of the reason for the authorized leave status of
the employee.
X. SEVERABILITY
If any court should hold any part of this Policy invalid, such decision shall not invalidate any
other part of this Policy.
13
~
e
e
.
..- ..- ..- ..-
~ 8 -E ~ ..- ] ] -E ] :a
-- -E Of) 'Bb
0 Of) Of) Of) Of)
= c:: c:: c:: Of) ~ ~ c:: Of) 8
.... ~ ~
< ::s 0 0 0 0 0 0
= u 0 0 0 V) V) 0 0 V) 0
E-- V) C"l ..- ...... ..- - 0 C"l V)
.... C"l
<Il
Z Cl)
~ r-
~ ~
0
== .-
~
u E
<
E-- ~
E-- 0
< U
"0 CZl CZl CZl CZl CZl CZl CZl CZl
0 ~ E E E E E E E u
..s::::
.... -- t:i
Cl) u u u u u u u u
:E t:i t:i t:i t:i t:i t:i t:i t:i
~
Z
~
E--
00
~
E--
~ 00
00
~ E--
= ~ ~ ..- ] ..- ~ ] -
< ~ ~ -E S -E ~ :a
00 Of) --
~ 0 gf gf -- Of) Of)
~ c:: Of) s:: ~ ~ 8 '<:t
U .... s:: ~
~ ::s 0 0 -
Z u 0 0 0 0 0 0 0 V) 0
0 0 0 0
< E-- 0 r<) C"l V) r<) r<) 0 C"l V)
CZl ..- C"l
E-- ~
CZl E-- ....
= <Il
~ Cl)
r-
oo ~
~
0 ....
'2
~ .......
00
~ "0
~ r- r- r- r- r- r- r- r-
> 0
..s:::: ....... ....... ....... ..- ..- ....... ....... ....... ~
~ ...... ~ :E ~ :E :E :E :E :E ~
Cl)
~ :E ~ ~ ~ ~ ~ ~ ~ ~
~
~
0
I
E--
~
U
E--
Z
~ <Il Cl)
~ <Il ....
~ .-
~ <Il 0 ..-
U Cl) 0 0
~ <Il ~ ...0
Cl) ...... t':l Cl) Cl)
U Of) .-
2 c:: <Il 0- "0 .... ~ ~
.- Cl) .- Cl) 0 .-
~ Cl) ~ 0 :E - "0
0 ~ ~ t':l .-
::s ......
I-< .... ~ .- .- Cl) u -
0 Cl) "0 ...0 ~ cr <Il >-> 0
..s:::: .... 0 t':l .- t':l Cl) U ..s:::: r<)
.- S ..s:::: ....
Of) 0- -e ~ t':l t':l ~ 0 0\
::s 8 u .... .- Cl) u --
I-< t':l Cl) t':l 0 Cl) 0- ..s:::: - ~
0 -<: CO CO U u :E 0 0.. -<: ~
\0
~
e
e
..
ATTACHMENT "B"
A. Medical Review Officer shall review results.
An essential part of the drug/alcohol testing program is the final review of results. A positive
test result does not automatically identify an employee as having used drugs/alcohol in
violation of this substance abuse policy. An individual with a detailed knowledge of possible
alternate medical explanations 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 - qualifications 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 to review and interpret positive test
results obtained through the employer's testing program. In carrying out this responsibility,
the Medical Review Officer shall examine alternate medical explanations for any positive
test result. This action could include conducting a medical interview with the individual,
review of the individual's medical history, or review of any other relevant biomedical factors.
The Medical Review Officer shall review all medical records made available by the tested
individual when a confirmed positive test could have resulted from legally prescribed
medication. The Medical Review Officer shall not, however, consider the results of urine
samples that are not obtained or processed in accordance with SAMHSA standards.
C. Positive test result.
Prior to making a final decision to verify a positive test result, the Medical Review Officer
shall provide the tested individual an opportunity to discuss the test result with him/her. It is
primarily the responsibility of the tested individual to initiate this discussion. However, to
facilitate such a discussion, the Medical Review Officer will send a certified letter to the
tested individual regarding the need to discuss the test result with him/her. During the five
(5) working 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 to the Chief of
Police or designee.
D. Verification for opiates; review for prescription medication.
Before the Medical Review Officer verifies a confirmed positive result for opiates, he/she
shall determine that there is clinical evidence--in addition to the urine test--ofunauthorized
use of any opium, opiate, or opium derivative (e.g., morphine/codeine). (This requirement
does not apply if the employer's GC/MS confirmation testing for opiates confirms the
presence of 6-monoacetylmorphine.)
15
It
e
e
'.
.
E. Reanalysis authorized.
Should any question arise as to the accuracy or validity of a positive test result, only the
Medical Review Officer is authorized to order a reanalysis of the original sample and such
retests are authorized only at laboratories certified by D.H.H.S. The Medical Review Officer
shall authorize a reanalysis of 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 Medical Review Officer determines there is a legitimate medical explanation for the
positive test result, the Medical Review Officer shall report the test result to the employer as
negative.
G. Result scientifically insufficient.
Additionally, the Medical Review Officer, based on review of inspection reports, quality
control data, multiple samples, and other pertinent results, may determine that the result is
scientifically insufficient for further action and declare the test specimen negative. In this
situation the Medical Review Officer may request reanalysis of the original sample before
making this decision. The laboratory shall assist in this review process as requested by the
Medical Review Officer by making available the individual responsible for day-to-day
management of the urine drug testing laboratory or other employee who is a forensic
toxicologist or who has equivalent forensic experience in urine drug testing, to provide
specific consultation as required by the City.
16
.
e
e
. .
..
ATTACHMENT "e"
SAMPLE
RELEASE OF INFORMATION
CONSENT TO DRUG TESTING
I, , do hereby give my consent to CITY's CONTRACT VENDOR
REDDING INDUSTRIAL AND OCCUP '^~ TIONAL HEALTH MEDICAL GROUP, INC., hereinafter referred to as
VENDOR "RIOH", to perform urinalysis on me for the presence of certain drugs and/or alcohol. I further authorize
VENDOR RIGl-I to release test results obtained from this examination in accordance with the procedures contained
in the City of Redding Substance Abuse Policy applicable to my job classification to the City of Redding.
* * * * *
I am now taking, or have taken, the following medications within the past thirty (30) days:
NAME OF DRUG CONDITION FOR WHICH PRESCRIBING DOCTOR
TAKEN OR
OVER THE COUNTER
(OTC)
DA TED:
SIGNA TURE
IDENTIFICATION
DATED:
WITNESS
17