HomeMy WebLinkAboutRES NO 113-16RESOLUTION NO. 1 1 3 — 16
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING SETTING SALARIES AND RELATED
BENEFITS FOR THE EMPLOYEES OF THE
BAKERSFIELD POLICE OFFICERS ASSOCIATION.
WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City
Council to provide for salaries and related benefits for employees of the City; and
WHEREAS, in compliance with the Meyers - Milias -Brown Act of the State of
California, the City has met and conferred in good faith with the Bakersfield Police
Officers Association which represents this City's Police unit; and
WHEREAS, the City's negotiator and the Association have agreed upon salaries
and benefits for said Unit; and
WHEREAS, the Council has determined that such Memorandum of
Understanding complies with the guidelines established by the City Council; and
WHEREAS, the Council has determined that provisions of the attached
Memorandum of Understanding shall commence on July 1, 2015, and expire at
midnight on June 30, 2016, for all employees of said Unit employed on the date of
adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. Resolution No. 198 -14, together with amendatory resolutions, to the extent
the same applies to employees in the Police unit, is superseded by this Resolution.
2. The attached Memorandum of Understanding for the Police Unit and City
is hereby approved, setting salaries and benefits for employees in said Unit.
3. The attached salary schedule covering the Police Unit shall constitute the
salaries for employees in the categories and positions specified therein and that the
whole of said attachments is hereby incorporated and approved as a part of the
attached Memorandum of Understanding between the City of Bakersfield and the
Bakersfield Police Officers Association for the period beginning July 1, 2015 and
expiring at midnight, June 30, 2016.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
JUN 2 9 2016 , by the following vote:
✓ ✓ ✓ ✓ ✓
AYES'. COUNCILMEMBER. RIVE_ qA, MAXWELL WEIR, SMITH, HARK/1N. SULLIVAN, EARLIER
COUNCILMEMBER (`�1-
ABSTAIN: COUNCILMEMBER AKI
ABSENT'. GOUNCILMEMBER Mrt1re
(1,,,,,}v CI CLERK and EX OFFICIO CLERK of
'-' fl� the Council of the City of Bakersfield
APPROVED JUN 2 9 2016 a 00
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPRO ID as to form:
VIRGINIIA A. GEN ARO
CITY ATTORNEY of the City of Bakersfield
Attachments
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TABLE OF CONTENTS
SECTION
Final
PAGE
01.00.00
RECITALS ............................................................................................
..............................1
02.00.00
MANAGEMENT RIGHTS .................................................................
............................... 1
03.00.00
NON - DISCRIMINATION ..................................................................
..............................2
04.00.00
SALARIES AND OVERTIME ............................................................
..............................2
05.00.00
HEALTH INSURANCE ......................................................................
............................... 3
06.00.00
RETIREMENT .....................................................................................
..............................6
07.00.00
OTHER COMPENSATION ...............................................................
............................... 6
08.00.00
LEAVES ................................................................................................
..............................8
09.00.00
MISCELLANEOUS ...........................................................................
..I............................ 11
10.00.00
PEACEFUL PERFORMANCE ........................................................
............................... 14
11.00.00
DRUG TESTING ..............................................................................
............................... 14
12.00.00
TOTAL AGREEMENT ....................................................................
............................... 15
13.00.00 TERM ............................. . .................................................................................. I............... 15
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MEMORANDUM OF UNDERSTANDING
BETWEEN
REPRESENTATIVES OF MANAGEMENT
FOR THE CITY OF BAKERSFIELD
AND
BAKERSFIELD POLICE OFFICERS ASSOCIATION
01.00.00 RECITALS
01.01.00 The Bakersfield Police Officers Association (hereinafter,
Association) is recognized as the exclusive representative, as
provided in the City's Employer - Employee Relations Resolution
for all employees assigned to the Police Bargaining Unit in the
following classifications and any other classification which is
subsequently determined to be included in the Police Bargaining
Unit.
Police Officer
Senior Police Officer
Training Officer
Detective
01.02.00 Representatives of Management for the City of Bakersfield and
representatives of the Association have met on a number of
occasions and have conferred in good faith exchanging a number
of proposals concerning wages, hours, fringe benefits and other
terms and conditions of employment of employee- members
represented by the Association.
01.03.00 The representatives of Management for the City of Bakersfield and
the representatives of the Association have reached an
understanding as to certain recommendations to be made to the
City Council for the City of Bakersfield and have agreed that the
parties hereto will jointly urge changes in wages, hours, fringe
benefits and other terms and conditions of employment contained
in these joint recommendations.
01.04.00 The parties hereto shall jointly recommend to the City Council of
the City of Bakersfield that one or more salary resolutions be
adopted effectuating the following changes in salaries, fringe
benefits and other terms of employment for the employee -
members represented by the Association.
02.00.00 MANAGEMENT RIGHTS
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02.01.00 The City shall have the exclusive right to determine the mission of
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the Police Department, set levels of service to be performed, direct
its employees, schedule personnel, set watches, exercise control
and discretion over the Police Department and operations, and
determine the methods, means and personnel by which the Police
Department's operations are to be conducted, and the levels of
service met; provided, however, that the exercise of such rights
does not preclude employees or their representatives from meeting
and consulting with Management or filing grievances about the
consequences that decisions on these matters may have on wages,
hours and other terms and conditions of employment.
02.02.00
Prevailing rights, rules of conduct, benefits and all other working
conditions within the scope of representation in effect at the date of
this Agreement and not inconsistent herewith shall be continued.
03.00.00
NON - DISCRIMINATION
03.01.00
The City and the Association agree not to discriminate against any
employee because of membership or non - membership in the
Association or because of any activities or lack of activities on
behalf of the Association. The City and the Association further
agree not to discriminate, harass, or retaliate against any employee
as a result of the exercise of their rights under this Agreement, or
under Section 3500 et seq., of the Government Code of the State of
California.
04.00.00
SALARIES AND OVERTIME
04.01.00
Salary ranges in effect for unit classifications shall remain
unchanged for the term of this agreement.
4.01.01
Detective Pay. Detective Pay shall be approximately 10% above
Sr. Patrol Officer.
04.01.02
Retirement Contribution. The City's contribution shall be nine
percent (9 %) for employees hired prior to July 1, 1983, four
percent (4%) for those hired on or after July 1, 1983, and three
(3 %) percent for those employees hired after June 1, 2006.
Employees hired on or after July 1, 1983 (including those hired
after June 1, 2006), will be eligible to receive the nine percent
(9 %) payment effective the beginning of their sixth (6s')
uninterrupted year of service. Effective December 16, 2013 all
employees hired prior to January 1, 2011 will contribute the
amounts set forth above or one -half of one percent (.5 %) towards
the employee retirement contribution with an additional one -half of
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05.00.00 HEALTH INSURANCE
05.01.00 The City and Association have agreed that all future meeting and
conferring and decisions regarding the structure of medical /dental
insurance coverages shall take place through the Joint
City/Employee Medical Insurance Committee. The Committee
shall consist of representatives from each Unit and the City. There
shall be a good faith effort to make all decisions by October 31 of
each year. Discussions as to the City's contribution toward
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one percent (.5 %) effective July 14, 2014 (total of 1 %) towards the
employee retirement contribution, whichever is greater. Such
payments by the City shall be reported as normal contributions and
shall be credited to the employee's accounts pursuant to
Government Code Section 20615. This PERS pickup is done
pursuant to Section 414(H) (2) of the Internal Revenue Code.
04.01.04
Employees hired on or after January 1, 2011 but prior to January 1,
2013 or who are transferred from a PERS agency or have a break
in service of less than six months (legacy status under the Public
Employees Pension Reform Act herein after PEPRA) shall be
responsible for paying the entire nine (9 %) percent employee
contribution for the term of employment.
04.01.05
Pursuant to PEPRA, employees hired on or after January 1, 2013
and without PEPRA legacy status are responsible for paying one
half (1 /2) of the normal cost for the retirement program.
04.01.06
The City and Association agree to explore in good faith the
possible discontinuance of City payment of the employee's PERS
payments in exchange for an equivalent wage increase.
04.02.00
Overtime. Overtime language is included in the Municipal Code
Sections 2.84.180, 190, 200, 210, 220, 240, 250 and in the City
Administrative Rules and Regulations Section II - 2.1.1. These
provisions, unless modified by this MOU, are incorporated by
reference as though fully set forth herein. Travel time for required
training will be paid in accordance with Federal and State law to
include that all travel time for training or other department
operational needs shall be considered hours worked for the purpose
of calculating overtime.
04.02.01
Minimum Time or Pay for Callbacks. Minimum time or pay for
callbacks shall be as provided for in Municipal Code Section
2.84.260. Effective December 16, 2013 minimum time or pay will
be increased to 3 hours.
05.00.00 HEALTH INSURANCE
05.01.00 The City and Association have agreed that all future meeting and
conferring and decisions regarding the structure of medical /dental
insurance coverages shall take place through the Joint
City/Employee Medical Insurance Committee. The Committee
shall consist of representatives from each Unit and the City. There
shall be a good faith effort to make all decisions by October 31 of
each year. Discussions as to the City's contribution toward
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medical /dental insurance shall continue to be determined through
the formal meet and confer process between the City and the
individual units.
05.02.00 Medical and Dental Benefits. The City and employees shall share
bi- weekly contributions towards medical, vision, and dental plans
for all employees of this Unit as follows:
Fee Dental HMO Dental Fee Dental Dental HMO Employee
Fee Health HMO Health HMO Health Fee Health Contribution
Employee 80% 80% 80% 80% 20%
Only
Employee 80% 80% 80% 80% 20%
+1
Family 80% 80% 80% 80% 20%
05.03.00 Retiree Medical
05.03.01 Retiree Medical - Employees hired before April 1. 1998
a) Only employees with a minimum of fifteen (15) years
accumulated permanent service shall be eligible for
participation in the retiree medical insurance program. The
fifteen -year minimum shall be waived for employees
retiring because of a job related disability. Employees
retiring because of a job related disability shall be credited
with either eight (8) years or their actual accumulated
service time, whichever is greater for the purpose of
calculating the retiree medical allowance under the City's
adopted formula.
b) Any employee eligible to receive retiree medical insurance
coverage who is eligible for Medicare coverage (Part A),
whether through the City of Bakersfield, other employers,
spouse coverage, or for any other reason, shall be required
to obtain and utilize such coverage as a condition for
receiving coverage under the City's plan.
C) City Contribution Formula. The City's contribution to
retiree premiums shall be based on the lower of the Health
Maintenance Organization or Fee - for - Service, single -party
rate. The City's contribution to retirees will be 3% per year
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of service to a maximum contribution of 90% of the
premium for 30 years of service.
d) 42% Contribution for "Fee for Service ". 42% of the actual
premium for the "Fee- for - Service" Retiree Health Plan shall
be paid by the City in addition to the amount paid under the
City Contribution Formula.
05.03.02 Retiree Medical - Employees hired after April I, 1998. Employees
hired after April I, 1998, will be eligible for retiree medical under
the following conditions:
a) Participation in the City retiree medical insurance plan will
be offered to those employees who retire following twenty
(20) years accumulated permanent service or retire due to
disability. Such retirees will receive a premium subsidy
based upon 3% per year of service up to a maximum of 30
years (90 %), of the lower of the HMO or Fee - For - Service
Single rate. In no case shall a retiree in this class receive
more than 90% of their applicable rate structure (i.e. single
without medicare rate, single with medicare rate, etc.) in
subsidies from the City.
b) Any employee eligible to receive retiree medical insurance
coverage who is eligible for Medicare coverage (Part A)
whether through the City of Bakersfield, other employers,
spouse coverage, or for any other reason, shall be required
to obtain and utilize such coverage as a condition for
receiving coverage under the City's retiree medical plan.
C) Employees hired after April 1, 1998, shall not be eligible to
receive the 42% Fee - For - Service plan subsidy.
05.03.03 Medicare Risk Plan. The City has established a Medicare Risk
option with the City contributing the cost of the Medicare Risk
premium and a Flat dollar amount up to the Medicare part B
monthly premium at the 1996 rate ($42.50). In no ease would this
contribution exceed 90% of the lowest single rate. The City
reserves the right to modify or eliminate this practice in the future
in response to changes in medical plans by providers, the changes
to the Medicare program by the federal government, or changes to
economic or legal conditions, subject to the meet and confer
requirements under the law with labor organizations.
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05.03.04 Retirement Health Savings Accounts. The ICMA Vantage Care
Retiree Health Savings Account program (RHSA) will be
implemented for all unit employees.
The City assumes no liability for adverse tax rulings by the IRS
relative to this program.
05.03.05 Employees hired after May 24, 2006 will not participate in either
of the retiree health subsidy programs set forth in this section. In
lieu, the City will match up to one (1 %) percent of the employee's
mandatory contributions to their Retirement Health Savings
account commencing the beginning of their sixth (6') year of
employment.
06.00.00 RETIREMENT
06.01.00 For employees hired prior to January I, 2011 the City has
implemented the 3% @ 50 Retirement Program. Plan options are
unchanged. Employees shall pay 1% of the employee retirement
contribution.
06.02.00 Employees hired on or after January 1, 2011 but prior to January 1,
2013 or who are transferred from a PERS agency or have a break
in service of less than six months (legacy status under PEPRA)
shall be covered by the 2% @ 50 Retirement Program with the 36
highest consecutive month final compensation period. Employees
shall pay the 9% employee retirement contribution.
06.03.00 Pursuant to the PEPRA, employees hired on or after January 1,
2013 without PEPRA legacy status will be covered by the 2.7% @
57 retirement formula with the 36 highest consecutive months final
compensation provision. Employees shall pay one half of the
normal cost for the retirement program pursuant to State law.
06.04.00 CaIPERS Post - Retirement Optional Settlement 2 Death Benefit GC
2& 1548. Has been implemented and is a recognized CalPERS
benefit.
06.05.00 1959 Survivors Benefit. The 4" level Survivors Benefit is in place
for all retirement formulas.
07.00.00 OTHER COMPENSATION
07.01.00 Uniform Allowance. The uniform allowance for unit employees
shall be One Thousand Three Hundred Dollars ($1,300.00) per
year. Motorcycle officers shall continue to receive an additional
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07.08.00 Bilingual Pay. Police Unit employees capable of speaking Spanish
and other languages as approved by the Chief of Police shall be
eligible to receive an additional One Hundred ($100.00) Dollars
per pay period. To be eligible, an employee must; 1) Pass the test
demonstrating conversational fluency in the approved language ; 2)
Pass periodic retests in language skills; 3) Serve as translators as
required.
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One Hundred Dollars ($100) per year in uniform allowance. The
uniform allowance will be paid on a 26 week bi- weekly basis. At
least two uniform suppliers will be designated. The City will meet
and confer if new uniforms are required or if major uniform
changes are mandated.
07.02.00
Standby Pay. The City and the Association agree that when an
employee is officially designated by management to remain
available to return to work at any time during specific hours
outside of normal working hours the employee shall receive forty
dollars ($40) per each eight (8) hours on stand -by or fraction
thereof. Such pay shall be in addition to any call -back
compensation. To the extent feasible the parties agree that stand-
by shall be assigned on an equitable basis to all eligible employees.
07.03.00
Longevity Pay. Those employees who received longevity pay as
of January 7, 1985 shall continue to receive the dollar amount
received as of that date for so long as they would have retained
eligibility under longevity pay rules. For all other employees the
longevity pay program has ended.
07.04.00
Hazard Pay. Hazardous duty pay for, SWAT, Bomb Squad and
assigned Narcotic Lab members shall continue at One Hundred
Forty Dollars ($140.00) per month.
07.05.00
Deferred Compensation Plan. Employees in the unit shall be
entitled to participate in the City's Deferred Compensation Plan.
07.06.00
Minimum Court Call -Back. Employees called back for court
appearances shall receive a minimum three (3) hours compensation
at the appropriate rate of pay.
07.07.00
Educational Incentive Pay. Unit employees in possession of an
Intermediate POST certificate shall receive an additional five (5 %)
percent of base pay. Unit employees in possession of Advanced
POST certificates shall receive an additional five (5 %) percent of
base pay (total of 10 %).
07.08.00 Bilingual Pay. Police Unit employees capable of speaking Spanish
and other languages as approved by the Chief of Police shall be
eligible to receive an additional One Hundred ($100.00) Dollars
per pay period. To be eligible, an employee must; 1) Pass the test
demonstrating conversational fluency in the approved language ; 2)
Pass periodic retests in language skills; 3) Serve as translators as
required.
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Notwithstanding the above, all personnel shall utilize any language
skills they possess to the best of their ability in handling their
responsibilities. In case of an emergency, all employees will use
whatever language skills they possess to assist to the maximum
extent possible.
07.09.00 K -9 Compensation. Officers assigned by the Chief of Police as K -9
Officers shall receive an additional five (5 %) percent pay. It is
understood that this payment constitutes compensation for the
additional time spent caring for the assigned animal (two hours per
week of straight time). The five (5 %) percent shall be added to
base pay consistent with the treatment of other incentive pays.
K -9 compensation shall end when officers are reassigned to other
duties.
07.10.00 Pay for Temporary Assignments to Hieher Classifications.
Language is included in Municipal Code Section 2.84.150 and in
the Administrative Rules and Regulations Section 111 -1.4. These
provisions unless modified by this MOU, are incorporated by
reference as though fully set forth herein.
07.10.01 Senior Police Officers assigned to training as Training Officers
shall be paid at the Detective salary level for the term of their
assignment.
07.10.02 Motorcycle Officer Compensation: Employees assigned
motorcycle responsibilities shall be paid two (2) hours per week of
straight time overtime pay. This compensation is for the time
spent by officers on their off -duty time cleaning and generally
maintaining their assigned motorcycles.
07.10.03 Per Diem Reimbursement: Employees shall be eligible for
expense reimbursement pursuant to the City's Administrative
Policy No. III -3.1 (Revised 10106/1999). Single occupancy
lodging will be provided for all POST reimbursed training.
08.00.00 LEAVES
08.01.00 Personal. Employees in the unit may utilize up to one (1) day per
year of earned sick leave for personal business.
08.02.00 Holidays. Shift employees in the unit will be entitled to thirteen
(13) holidays per fiscal year. Holiday pay will be paid on a 26
week bi- weekly basis
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The following thirteen days of each year are designated holidays
for non -shift employees.
January 1 —New Year's Day
Third Monday in January — Martin Luther King's Birthday
Third Monday in February — President's Day
Last Monday in May — Memorial Day
July 4 — Independence Day
First Monday in September — Labor Day
November I I — Veteran's Day
Fourth Thursday in November — Thanksgiving Day
Friday after Thanksgiving Day
December 25 — Christmas Day
Three Floating Holidays, (Two of which may be allocated to fixed
days depending on the calendar).
When a holiday falls on a Saturday, the preceding Friday shall be
observed. When a holiday falls on a Sunday, the following
Monday shall be observed. Except with the prior approval of the
Chief of Police or designee, non -shift personnel shall take holidays
as scheduled above.
08.03.00 Vacation. The vacation accrual schedule shall read:
Years Days
0 -4
10
5 -13
15
14+
20
Pursuant to the schedule above, employees accrue vacation at the
rate of .83 days per month from the date of initial employment
through the fourth year of continuous service (48 months).
Beginning with the first month of the employees fifth year of
service (49th month), the employee begins to accrue vacation at
the rate of 1.25 days per month. This continues until the beginning
of the employees fourteenth year of service (157th month), when
the employee begins to accrue vacation at the rate of 1.67 days per
month.
Other vacation provisions shall be as included in the Municipal
Code Sections 2.84.330, 340, 350, 360, 370, 380, 390, 400, 420,
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430, 440, 450, 460 and City Administrative Rules and Regulations
Section III - 1.3.4 . These provisions unless modified by this
MOU, are incorporated by reference as though fully set forth
herein.
The municipal code has been modified to allow employees
accruing vacation at the twenty (20) day per year level (1.67 days
per month) to maintain a maximum of 552 hours of vacation
accumulation.
08.04.00 Sick Leave Conversion. Police Unit employees accrue sick leave
at the rate of twelve (12) days per calendar year, with a maximum
accrual of one hundred twenty (120) days. An employee who has
an accrued balance at the end of the calendar year, which exceeds
one hundred twenty (120) days will receive 100% of his /her
accruals in excess of 120 days as vacation and may convert and be
paid for up to 75% of that amount of vacation. The amount to be
converted must be designated by the employee no later than the
following January 31st, which will be paid to employee the second
pay day in February. Employees receiving the above conversion
will not receive any sixty (60) to one hundred twenty (120) day
conversion of sick leave for that calendar year.
08.05.00 Sick Leave Pay -Out. The Bakersfield Police Officers Association
and the City of Bakersfield mutually acknowledge that the large
majority of Unit retirements take place as disability, not service
retirements. The parties consider this practice problematic. The
parties agree that service retirements, when practical, are
preferable and create the possibility of significant savings for the
City and the taxpayers. For this reason, for the term of this
Agreement, the parties agree that individuals retiring with a service
retirement shall be entitled to a premium sick leave pay -out.
Specifically, individuals shall receive an additional 25% of accrued
sick leave at the time of retirement beyond that provided for in
City Code Section 2.84.570. This payment shall not be considered
gross remuneration for purposes of retirement.
Except as provided below, any employee converting the service
retirement to a disability retirement within five (5) years of the
date of retirement shall refund this premium sick leave payment to
the City. If repayment is required, a reasonable repayment
schedule shall be established between the employee and the City.
Exceptions to the repayment requirement may be made as follows:
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No repayment shall be required if an employee dies after
retirement and the survivor's allowance is converted to a
disability allowance.
2. The City Manager will waive repayment in the event of a
catastrophic event resulting in substantial disability from
heart attack, stroke or cancer for the employee. Substantial
disability is defined as a disability which would have
required the retirement of the employee if still in active
service.
08.06.00 Jury Duty. Jury duty shall be as provided for in Municipal Code
Section 2.84.620E and City Administrative Rules and Regulations
Section III - 1.3.6.
09.00.00 MISCELLANEOUS
09.01.00 Residency Requirement. The residency requirement shall be sixty
(60) minutes normal driving time from City Hall. Normal driving
time shall be defined as driving at the posted speed limit, absent
any accidents, traffic jams, etc. Provisions for waiver of the
requirement by the Chief of Police shall continue unchanged.
09.02.00 Assignments. The City and Association agree that the Department
shall consider the following factors in making assignments,
including shift assignments:
a. special skills
b. experience
C. seniority
d. accommodation of educational schedules
e. other factors, as determined by the Chief of Police
The City and Association specifically acknowledge the need to
balance experienced and inexperienced officers on all shifts.
Appointments shall be made at the sole discretion of the
Department.
09.03.00 Supervisors Working Files. Materials in Supervisors Working
Files (3" x 5" cards) which are used in preparing performance
reports, counseling employees, etc. may be kept for up to fifteen
(15) months, without being placed in a formal evaluation or
otherwise formally recorded.
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09.04.00 Physical Assessment Program. At least once during each fiscal
year the City will offer each unit employee the opportunity to
receive a comprehensive physical assessment and follow -up
counseling session. The assessment will measure:
Cardiovascular fitness
Blood Pressure
Blood composition (cholesterol, etc.)
Body composition
Muscular endurance
Flexibility
PSA (for employees 45 years of age and older, upon specific
request).
Where indicated by initial results, follow -up testing will be
performed. Results of the assessment will be confidential and for
the individual employee's use only. The City will receive
composite data to be used in evaluating the need for training
seminars, etc. The program will be provided on work time and
will be voluntary.
The Association will provide input to the City concerning the
selection of providers.
09.05.00 Pay Changes. All pay rate changes (step increases, salary range
changes, etc.) will be implemented at the start of the nearest pay
period.
09.06.00 Existing Benefits and Practices. The parties recognize that there
are existing ordinances, resolutions and policies relating to benefits
and other terms and conditions of employment and the same are
not affected by this Agreement, except as recommended herein.
09.07.00 The City will continue to comply with the Peace Officers Bill of
Rights
09.08.00 Employer and Employee rights are set forth in Code Section 2.76.
09.09.00 Committees. The Association will be entitled to representation on
the City's Insurance Committee.
09.10.00 Grievance Procedure. The grievance procedure shall be as set forth
in Municipal Code Section 2.72.310 which is incorporated herein
by reference. However, prior to the final step of the grievance
procedures, the City and Association agree to include a mediation
step utilizing a mediator from the State Mediation and Conciliation
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Service. The mediator shall meet with the parties to the grievance
and attempt to arrange a mediated settlement acceptable to both
parties. The mediator shall make no public recommendations nor
shall there be any public disclosure of mediation discussions in
further proceedings in the grievance procedure.
Requests for mediation shall be made within the same time limits
as the request for movement of a grievance to the final step of the
grievance process. Once the request is made, time limits of the
grievance procedure are waived until such time as the mediation
process ends. Thereafter, the regular time limits shall apply.
09.11.00
Compensatory Time off - Maximum Accrual. The compensatory
time off accrual maximum shall be one hundred (100) hours.
09.12.00
Hours of Work. The Police Department shall continue the 4 -10
program for the term of this Agreement unless otherwise
determined by the Chief of Police. If the Department wishes to
cancel the 4 -10 program, it shall provide thirty (30) days notice of
cancellation to the Association.
Prior to the cancellation, the City shall meet and confer on aspects
of any proposed schedule change falling within the scope of
representation.
09.13.00
Body Armor. The City agrees to provide an individual bullet
resistant vest for all swom employees. These employees are
entitled to receive a new bullet resistant vest every five (5) years
from the date of manufacture. The City will develop a list of
optional bullet resistant vests which the employee may choose
from up to and including the Level III (a) wrap around, fitted with
removal cover criteria. Current vest will be replaced on their five
(5) year replacement cycle.
09.14.00
The City and Association agree to meet and review the City's
nepotism policy.
09.15.00
Line of Duty Death Benefits
Including the prescribed death benefits defined in Labor Code
Section 4701 et. al, the City shall pay all reasonable funeral and
burial expenses to a maximum of $20,000 for a Bakersfield Police
Officer who dies as the direct result of an on -duty related injury
09.16.00
Critical Incident Paid Leave
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The City and Association agree to continue discussions regarding
the possible creation of a Critical Incident PTSD Program for
emergency responders.
10.00.00 PEACEFUL PERFORMANCE
10.01.00 During the term of this Agreement, neither the Association nor its
agents or any employee covered by this Agreement, for any reason,
will authorize, institute, aid or engage in work slowdown, work
stoppage, strike, or picketing on matters within the scope of
representation, or any other interference with the work and
statutory obligations or functions of the City.
The Association agrees to notify all of its officers and members of
their obligation and responsibility for maintaining compliance with
this section, including the responsibility to remain at work during
any activity which may be caused or initiated by others, and to
encourage employees violating this section to return to work.
No lock out of employees shall be instituted by the City or its
agents during the term of this Agreement.
11.00.00 DRUG TESTING
11.01.00 Authority for Testing. Only Chief Officers may order a drug test.
11.02.00 Conditions Allowing for Testing. Employees may be subjected to
drug testing if the City has a reasonable suspicion that the
employee is using (1) illegal drugs; (2) prescription drugs without
or contrary to a prescription; or (3) alcohol on duty (except in small
amounts used in cooking).
Reasonable suspicion shall mean an articulable and specific state of
facts and /or circumstances which would lead a reasonable person
to believe an individual was using unlawful drugs /narcotics,
alcohol, or prescription drugs without or contrary to a prescription.
No information or knowledge obtained through application of this
policy /procedure may be used for other than administrative
purposes.
11.03.00 Testing procedures shall:
Positively identify employees prior to testing.
Provide for employee privacy and security of samples.
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3. Establish any drugs being taken legitimately (e.g. under
medical supervision).
4. Develop a two -step test. Any specimen testing positive in
the urinalysis shall be subject to confirmation by a second
test using a different technology. No notification shall be
given of initial positive tests until confirmation by the
second test has been completed and is positive. At the time
the samples are drawn, a second set of samples shall be
taken and sealed. Should the original samples show
positive, the second sealed set of samples shall be retained
for six months to allow for further testing in the event of
dispute.
5. The laboratory selected to conduct the analysis must be
experienced and capable of quality control, documentation,
chain of custody, technical expertise and demonstrated
proficiency. The Association shall be given the
opportunity to provide input on the selection of the
laboratory.
12.00.00 TOTAL AGREEMENT
12.01.00 This Memorandum of Understanding constitutes a full and
complete agreement by the parties and contains all of the matters
upon which the parties reached agreement. Therefore, except as
provided in this Agreement, the City and Association for the
duration of this Agreement each voluntarily and unqualifiedly
waives the right and each agrees that the other should not be
obligated to bargain collectively with respect to any subject or
matter whether or not referred to or covered in this Agreement.
12.02.00 Should any section, clause or provision of this Agreement be
declared illegal by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or provision
shall not invalidate the remaining portions hereof, and such
remaining portions shall remain in full force and effect for the
duration of this Agreement. In the event of such invalidation, the
parties agree to meet and confer concerning substitute provisions
for provisions rendered or declared illegal.
13.00.00 TERM
13.01.00 The term of this Agreement is from July 1, 2015 through June 30,
2016. If the Association desires to negotiate a successor
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agreement, the Association shall serve upon the City its written
request to begin negotiations. Negotiations shall begin within, but
not later than thirty (30) days from the date of receipt of the notice.
This Memorandum is entered into upon ratification and acceptance
by the City Council of the City of Bakersfield. This Agreement
shall become effective upon ratification by the City and
Association.
FOR THE ASSOCIATION: FOR THE CITY:
Alex Patitio
Tj Dickson, Bus' ess Manager
ale Sturbridge, Laborlkei ntative
William Avery i'
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