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HomeMy WebLinkAboutRES NO 121-95RESOLUTION NO. 1 2 1 ' 9 $ A RESOLUTION APPROVING ~EI4OR~'~'DUM OF UNDERST~'~DING FOR EI4PLOYEES OF THE ASSOCIATION OF BAKERSFIELD POLICE OFFICERS ("ASSOCIATION") ~ID iMPOPTING S~I,ARY SCHEDULE ~ RELATED BENEFITS. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council to provide for salaries and related benefits for officers and 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 Association of Bakersfield Police Officers, which represents employees of the Police Unit; and WHEREAS, the City's negotiator and the Association have agreed upon salaries and benefits for said Units; and WHEREAS, the Council has determined that the salaries and related benefits as agreed upon by the City's negotiator and the Association are acceptable. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. Resolution Nos. 72-92 and 152-92, together with amendatory resolutions, to the extent the same applies to employees in the Police Unit, is superseded by this Resolution. 2.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 is hereby approved, setting salaries and benefits for employees in said Unit. 3. Effective April 3, 1995, except as otherwise provided in the Resolution, 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 attachment is hereby incorporated and approved as a part of the attached Memorandum of Understanding between the City of Bakersfield and the Association. 4. The schedule of paid holidays set forth in the attached Memorandum of Understanding is hereby adopted and approved for employees in the Police Unit. .......... ooo .......... I HEREBY CERTIFY that the adopted by the Council of meeting thereof held on foregoing Resolution was passed and the City of Bakersfield at a regular JUt 19 J~ , by the following vote: CITY CLERK and EX OFFIC~ CLERK of the Council of the City'of Bakersfield APPROVED JUl 19 ~ · / BOB PRI~E MAYOR of the City of Bakersfield APPROVED as to form: IUTDyY ASTKTOoU~Y o[ the City of Bakersfield JW$/rg RES.95\POL.MOU 7-7-95 07/12/95 09:00:59 SALARY SCHEDULE - POLICE UNIT PAGE 1 POSITION # POSITION TITLE 41040 DETECTIVE DETECTIVE DETECTIVE DETECTIVE DETECTIVE 41250 POLICE OFFICER POLICE OFFICER POLICE OFFICER POLICE OFFICER POLICE OFFICER 41430 POLICE TRAINEE POLICE TRAINEE POLICE TRAINEE POLICE TRAINEE POLICE TRAINEE 41170 SENIOR SENIOR SENIOR SENIOR SENIOR POLICE I2%B TECHNICIAN POLICE LAB TECHNICIAN POLICE LAB TECHNICIAN POLICE LAB TECHNICIAN POLICE LAB TECHNICIAN 41270 SENIOR POLICE OFFICER SENIOR POLICE OFFICER SENIOR POLICE OFFICER SENIOR POLICE OFFICER SENIOR POLICE OFFICER 41060 TRAINING OFFICER TRAINING OFFICER TRAINING OFFICER TRAINING OFFICER TRAINING OFFICER * * * END OF REPORT * * * GRADE STEP HOURLY P25 1 19.8900 P25 2 20.8970 P25 3 21.9570 P25 4 23.0700 P25 5 24,2360 P10 1 17.6720 P10 2 18.5620 P10 3 19.4990 P10 4 20.4870 P10 5 21.5250 P05 1 14,5370 P05 2 15.2620 P05 3 16.0270 P05 4 16.8290 P05 5 17.6720 P20 1 19,4990 P20 2 20.4870 P20 3 21.5250 P20 4 22.6160 P20 5 23.7620 P15 1 18.5620 P15 2 19.4990 P15 3 20.4870 P15 4 21.5250 P15 5 22,6160 P25 1 19.8900 P25 2 20.8970 P25 3 21.9570 P25 4 23.0700 P25 5 24.2360 MEMOI~%NDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT FOR THE CITY OF BAKERSFIELD AND ASSOCIATION OF BAKERSFIELD POLICE OFFICERS 01.00.00 01.01.00 01.02.00 01.03.00 01.04.00 02.00.00 02.01.00 RECITALS The Association of Bakersfield Police Officers (hereinafter, Union) 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. Female Investigator Police Officer Senior Police Officer Senior Police Lab Tech (sworn officer) Training Officer Detective Representatives of Management for the City of Bakersfield and representatives of the Union 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 Union. The representatives of Management for the City of Bakersfield and the representatives of the Union 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. 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 Union. NANAGEMENT RIGHTS The city shall have the exclusive right to determine the mission of the Police Department, set levels of service to be performed, direct its employees, schedule personnel, set watches, exercise control and discretion ORIGINAL 02 · 02. O0 03.00.00 03.01.00 04.00.00 04.01.01 04.01.02 04.01.03 04.01.04 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. 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. NON-DISCRIMINATION The City and the Union agree not to discriminate against any employee because of membership or non- membership in the Union or because of any activities or lack of activities on behalf of the Union. The City and the Union further agree not to discriminate, harass, or reprise against any employee as a result or the exercise of their rights under this Agreement, or under Section 3500 et seq., of the Government Code of the State of California. SALARIES Salary ranges in effect for the classifications of the unit shall be increased as follows: 2%% effective April 3, 1995 3% effective April 1, 1996 3% effective March 31, 1997 Retirement Contribution. The City's contribution shall be nine percent (9%) for employees hired prior to July 1, 1983 and four percent (4%) for those hired on or after July 1, 1983. Employees hired on or after July 1, 1983, will be eligible to receive the nine percent (9%) payment effective the beginning of their seventh (7th) uninterrupted year of service. Such payments by the City shall be reported as normal contributions and shall be credited to the employees accounts pursuant to the Government Code Section 2615. This PERS pickup is done pursuant to Section 414(H) (2) of the Internal Revenue Code. Senior Police officers assigned to training as Training Officers shall be paid at the Detective salary level for the term of their assignment. Actuarial Study. The City and Association agree to jointly select an actuary and jointly fund the cost of an actuarial study to determine the true cost of reporting the employer paid member contribution (EPMC). Costs will be calculated for Unit personnel only~%iK~ 2 ~ m ORiGInAL 05.00.00 05.01.00 05.02.00 Upon completion of this study,t he parties agree to reopen negotiations on the subject of whether or not the EPMC should be reported as compensation for retirement purposes only. If the parties agree to implement reporting of the EPMC, the cost will be deducted from the salary increase(s) set forth above. HEALTH INSURANCE 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 medical/dental insurance shall continue to be determined through the formal meet and confer process between the City and the individual units. Medical and Dental Benefits. The city and employees shall share bi-weekly contributions towards medical, vision, and dental plans for all employees of these Units as follows: Fee Dental HUO Dental Fee Dental Dental HUO Emplo ee Fee Health HMO Health HUO Health Fee Health Contribution Employee 80% 80% 80% 80% 20% Only Employee 80% 80% 80% 80% 20% Family 80% 8O% 80% 80% 20% 05.03.00 06.00.00 06.01.00 Retiree Medical. Only employees with a minimum of fifteen (15) years accumulated 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 with 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. OTHER COMPENSATION Uniform Allowance. The uniform allowance for unit employees shall be Six Hundred Seventy-Five Dollars ($675.00) per year. Said uniform allowance shall be payable on or before July 1 of each year but shall be earned monthly on a pro-rata basis so that any employee terminating during the year will be charged for the unearned portion of the uniform allowance at the time of termination. Effective July 1, 1995, the uniform allowance shall be increased to Seven Hundred Dollars 3 m ORIGINAL 06.02.00 06.03.00 06.04.00 06.05.00 06.06.00 06.07.00 06.08.00 06.09.00 ($700.00) per year; effective July 1, 1996, the uniform allowance shall be increased to Seven Hundred Twenty- Five ($725.00) per year; effective July 1, 1997, the uniform allowance shall be increased to Seven Hundred Fifty Dollars ($750.00) per year. Motorcycle officers shall continue to receive an additional Twenty-Five Dollars ($25.00) per quarter in uniform allowance. Standby Pay. Standby pay shall continue at Twenty-Five Dollars ($25.00) per eight (8) hour shift in addition to any call-back pay earned. Effective April 3, 1995, standby pay shall be set at Thirty Dollars ($30.00) per eight (8) hour shift in addition to any call-back pay earned. 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 a they would have retained eligibility under longevity pay rules. For al other employees the longevity pay program has ended. Hazard Pay. Hazardous duty pay for motorcycle officers and bomb squad members shall continue at Eight-Five dollars ($85.00) per month. Deferred Compensation Plan. Employees in the unit shall be entitled to participate in the City's Deferred Compensation Plan. Minimum Court Call-Back. Employees called back for court appearances shall receive a minimum three (3) hours compensation at the appropriate rate of pay. Educational Incentive Pay. Educational incentive pay shall be unchanged for the term of this Agreement. Bilinqual Pay. Effective July 24, 1995, Police Unit employees capable of speaking Spanish shall be eligible to receive an additional Twenty-Five ($25.00) Dollars per pay period. To be eligible, an employee must; 1) Pass the test demonstrating conversational fluency in Spanish; 2) Pass periodic retests in language skills; 3) Serve as translators as required. Additional languages may be added by the Chief of Police. 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. 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 carrying for the assigned animal (two hours per week of strai~ 4 ~ ~ OF~IG~NAL 07.00.00 07.01.00 07.02.00 07.03.00 07.04.00 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. LEAVES Personal. Employees in the unit may utilize up to one (1) day per year of earned sick leave for personal business. Holidays. Employees in the unit will be entitled to thirteen (13) holidays per fiscal year. Holiday Conversion. Unit employees shall be allowed to convert an unlimited amount of holiday pay to compensatory time off on an hour for hour basis; subject to compensatory time off accrual maximums. Vacation. The vacation accrual schedule shall read: Year~ Days 0 - 4 10 5 - 13 15 14 + 20 08.00.00 08.01.00 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. MISCELLANEOUS Residency Requirement. The residency requirement shall be forty-five (45) 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. 5 ORIGINAL 08.02.00 08.03.00 08.04.00 08.05.00 AssiGnments. The City and Union agree that the Department shall consider the following factors in making assignments, including shift assignments: a. special skills b. experience c. seniority d. accom]aodation of educational schedules e. other factors, as determined by the Chief of Police The City and Union specifically acknowledge the need to balance experienced and inexperienced officers on all shifts. Appointments shall be made at the sole discretion of the Department. Supervisors Workinq 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. 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. Physical Assessment Proqram. At least once during the period of April 3, 1995 to September 30, 1996 and once during the period of October 1, 1996 to March 31, 1997, 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 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 in evaluating the need for training seminars, 08.06.00 08.07.00 08.08.00 08.09.00 08.10.00 program will be provided on work time and will be voluntary. The Union will provide input to the City concerning the selection of providers. Voluntary Overtime. The voluntary overtime list shall remain in effect for the term of this Agreement. Individuals volunteering may work up to one (1) shift per twenty-eight (28) day work cycle at straight time rates. Use of the list shall be to maintain minimum staffing only and shall not be used to replace existing overtime compensation. Personnel Ordinance Chanqes. The parties have met and conferred on and agreed on changes to the following sections of the Bakersfield Municipal Code. The sections are: 2.84.350, 2.84.410, 2.84.440, 2.84.470, 2.84.490, 2.84.570, 2.84.590, 2.84.620. Copies of the amended code sections are attached. Pay Chanqes. Effective immediately, all pay rate changes (step increases, salary range changes, etc.) will be implemented at the start of the nearest pay period. Early Release Vacation Checks. Effective immediately, the practice of providing early release vacation checks shall end. 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. 08.10.01 08.10.02 08.10.03 08.10.04 08.10.05 08.10.06 08.10.07 08.10.08 08.10.09 08.10.10 Grievance procedures as set forth in the Supplemental Rules and Regulations. Overtime Policy Minimum time or pay for court appearance Minimum time or pay for call-backs Vacations Holidays Pay for temporary assignments to higher rated positions Jury Duty Layoffs The city will continue to comply with the Peace Officers Bill of Rights ORIGINAL 08.10.11 Employer and Employee rights set forth in Code Section 2.76 08.11.00 08.12.00 08.13.00 08.14.00 09.00.00 09.01.00 The above items are specifically set forth in Appendix A Committees. The Union will be entitled to representation on the City's Insurance Committee. Grievance Procedure. The current grievance procedure shall continue in effect for the term of this Agreement. However, prior to the final step of the grievance procedures, the City and Union agree to include a mediation step utilizing a mediator from the State Mediation and Conciliation 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. Compensatory Time off - Maximum Accrual. The compensatory time off accrual maximum shall be one hundred (100) hours. 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. PEACEFUL PERFORMANCE During the term of this Agreement, neither the Union 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 Union agrees to notify all of its officers and members of their obligation and responsibility for maintaining compliance with the section, including he responsibility to remain at work during any activity which may be caused or initiated by others, and to encourage employees violating this section to r~to 8 ~ ORIGINAL 10.00,.00 10.01.00 10.02.00 work. No lock out of employees shall be instituted by the City or its agents during the term of this Agreement. DRUG TESTING Authority for Testinq. Only Chief Officers may order a drug test. Conditions Allowinq 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. 10.03.00 10.03.01 10.03.02 10.03.03 10.03.04 10.03.05 Testing procedures shall: Positively identify employees prior to testing. Provide for employee privacy and security of samples. Establish any drugs being taken legitimately (e.g. under medical supervision). 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. 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 Union shall be given the opportunity to provide input on the selection of the laboratory. 9 ORIGINAL 11.00o00 TOTAL A~REEHENT 11.01.00 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 Union 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. 11.02.00 Should any section, clause or provision of this Agreement be declared illegal by final judgement 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. 12.00.00 TERM 12.01.00 The term of this Agreement is from April 1, 1995, to March 31, 1997. Proposals for the contract period beginning in April 1997, shall be submitted by December 15, 1996, and negotiations shall commence no later than January 15, 1997, unless the parties mutually agree otherwise. This Memorandum is entered into and effective upon ratification and acceptance by the city Council of the City of BakersAeld. _.. ol: a:police95 7/7/95rg 10 JUL 1~ ~ DATE WILLIAM AVERY & ASSOCIATES, ~c. MANAGEMENT CONSULTANTS August 9, 1996 Paul Bechely Bechely, Palica & Associates, Inc. 1428 2nd Street Santa Monica, CA 90401 Dear Paul: There's an error in our signed contract for the Bakersfield Police. As you know, it's a three year agreement. Section 12.00.00 - TERM shows only two years. The section should read as follows: "The term of this Agreement is from April 1, 1995, to March 31, 1998. Proposals for the contract period beginning in April 1998, shall be submitted by December 15, 1997, and negotiations shall commence no later than January 15, 1998, unless the parties mutually agree otherwise. This Memorandum is entered into and effective upon ratification and acceptance by the City Council of the City of Bakersfield." In order to correct this error, please return one signed copy of this side letter to me. WHA:ksd cc: John Stinson 3¥2 N. Santa Cruz Avenue, Suite B · Los Gatos, CA 95030 · (408) 399-4424 · FAX (408) 399-4423 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2.84.350 AND 2.84.440 AND REPEALING SECTIONS 2.84.410 AND 2.84.470 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ANNUAL VACATION LEAVE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION i Section 2.84.350 of the Bakersfield Municipal Code relating to annual vacation leave is hereby amended as follows: 2.84.350 Annual vacation leave--Accrual. A. All eligible employees of the miscellaneous and police departments shall earn and take vacation leave on the basis of working days. Accrual of vacation leave shall be at the following rate: 1. First four years, 0.385 of a working day biweekly to yield ten working days annually; 2. Five through thirteen years, 0.577 of a working day biweekly to yield fifteen working days annually; 3. Fourteen years or more, 0.770 of a working day biweekly to yield twenty working days annually. B. Fire department safety employees who are required to work on twenty-four-hour duty shifts shall accrue vacation leave at the following rates: 1. First four years, 0.180 of a twenty-four-hour duty shift biweekly to yield 4.68 twenty-four-hour duty shifts annually; 2. Five through fifteen years, 0.270 of a twenty-four- hour duty shift biweekly to yield 7.02 twenty-four-hour duty shifts annually; 3. Sixteen years or more, 0.360 of a twenty-four-hour duty shift biweekly to yield 9.36 twenty-four-hour duty shifts annually. C. All other fire department employees shall accrue vacation leave in the same manner as employees of the miscellaneous departments. D. Table 2.84.350(A) and (C) VACATION ACCRUAL (Excludes Fire Department Safety Personnel) Length of Service Bi-weekly Accrual Rate Annual Accrual Rate Maximum Vacation Accrual through 4 years 0.385 10 working days (80 hours) 20 working days (160 hours) 5 through 13 years 0.577 15 working days (120 hours) 33 working days (264 hours) 14 years or more 0.770 20 working days (160 hours) 49 working days (392 hours) Lenqth of E. Table 2.84.350(B) VACATION ACCRUAL--FIRE DEPARTMENT SAFETY PERSONNEL (Required to Work 24-Hour Duty Shifts) Service Bi-weekly Accrual Rate Annual Accrual Rate Maximum Vacation Accrual ~ through 4 years 0.180 of a 24- hr. duty shift 5 through 15 years 0.270 of a 24- hr. duty shift 16 years or more 0.360 of a 24- hr. duty shift 4.68 24-hr. duty shifts 7.02 24-hr. duty shifts 9.36 24-hr. duty shifts 14.04 24-hr. duty shifts (336.96 hrs.) 21.06 24-hr. duty shifts (505.44 hrs.) 28.08 24-hr. duty shifts (673.92 hrs.) SECTION 2 Section 2.84.440 of the Bakersfield Municipal Code relating to annual vacation leave is hereby amended to read as follows: 2.84.440 Annual vacation leave--Loss for nonuse Limitation of accrual. A. An employee may not accumulate vacation leave in excess of the number of working hours/days or 24-hour duty shifts as set forth in Tables 2.84.350(A)(C) and 2.84.350(B) without express written consent of the Department Head and City Manager or his/her designee. B. When, at the convenience of the city, an employee is unable to take or complete vacation leave, compensation in the amount equivalent to the regular salary may be paid upon written request by the employee and approval of the Department Head and City Manager or his/her designee. 1995. C. This provision shall take effect December , SECTION 3 Section 2.84.410 of the Bakersfield Municipal relating to annual vacation leave is hereby repealed. Code SECTION 4 Section 2.84.470 of the Bakersfield Municipal relating to annual vacation leave is hereby repealed. Code SECTION 5 This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 3 I MEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: BOB PRICE, Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney JKS:LTC:MGA:gp:Pb ORDINANCE\VACATION.AMD 6/20/94 7/12/94(ordinance\vaca-amd.fin 4 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.84.490 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SICK LEAVE--POLICY BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.490 of the Bakersfield Municipal Code related to sick leave--policy is hereby amended to read as follows: 2.84.490 Sick leave--Policy. A. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability other than industrial injury. Medical and dental appointments qualify for sick leave. B. Sick leave shall be allowed in case of the employee's own illness, the employee's spouse, parent, person in loco parentis, or minor children are ill or injured and in need of medical attention, provided that no one else is readily available to care for them. Accumulated sick leave shall also be utilized for leaves of absence pursuant to 2.84.620(G). C. Employees may utilize one eight-hour day or its shift equivalent per year as personal necessity leave chargeable to sick leave. Such leave is designed to permit employees time off during normal working time to conduct personal business. Personal necessity leave shall require prior approval of the department head and shall be taken in minimum increments of two hours. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney ORD\~-84-490.AMD 7/12/94 - MGA-ORD[NANCE\2-84-490.FIN ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.84.570 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SICK LEAVE--PAYMENT FOR ACCUMULATED LEAVE--UPON RETIREMENT BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.570 of the Bakersfield Municipal Code related to Sick leave--Payment for accumulated leave--Upon retirement is hereby amended to read as follows: 2.84.570 Sick leave--Pa%nnent retirement. for accumulated leave--Upon A. An employee eligible for retirement who leaves permanent city service shall be allowed regular compensation for one-half of the accumulated sick leave due up to the effective date of Termination. An employee may not delay an otherwise appropriate industrial disability retirement date by a request to exhaust previously accumulated sick leave prior to the effective date of said retirement. B. This payment shall not be construed as any part of gross remuneration for purposes of retirement. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney ORD~2-84-SZO.AMD 5/4/94 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.84.590 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SICK LEAVE--RETENTION OF ACCUMULATED LEAVE ON REHIRING BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.590 of the Bakersfield Municipal Code related to sick leave--retention of accumulated leave on rehiring is hereby amended to read as follows: 2.84.590 Sick leave--Retention of accumulated leave on rehirin~. Whenever any city employee is rehired to city employment and his/her break in city service does not exceed thirty working days, the city council may credit him/her with the accumulated sick leave earned prior to separation from city employment which the employee was not otherwise compensated for. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE Mayor of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney MGA:gp ORD\2-84-590.AMD 7/12/94(MGA-ORDZNANCE\2-84-590.FIN) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.84.620 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LEAVES OF ABSENCE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.620 of the Bakersfield Municipal Code related to leaves of absence is hereby amended to read as follows: 2.84.620 Leaves of absence. A. Leave of Absence Without Pay. Leaves of absence without pay, up to a period of one hundred eighty calendar days, may be granted to an employee upon the recommendation of the department head with the approval of the city manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for a period of time longer than one hundred eighty calendar days must be approved by the city council. Employees on authorized leave of absence without pay shall not accrue vacation, holiday or sick leave benefits during such leave. Employees on such leaves for a full biweekly pay period shall pay for their own health plan insurance. B. Unauthorized Leave of Absence. Unauthorized leave of absence shall be considered to be without pay and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence for more than two consecutive working days shall result in automatic termination of employment unless the employee can demonstrate that such absence was due to circumstances beyond his control. C. Military Leave of Absence. Military leave shall be granted in accordance with the provisions of state and federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken. D. Leaves of Absence With Pay--Designated Personnel. Employees designated by the letters "C" or "D" preceding each class title in the Schedule of Salaries and Related Benefits as adopted by resolution of the city council may be granted administrative leave of absence with pay by the department head with the approval of the city manager. Such leave granted at any one time shall not exceed one working day for employees designated by the letter "C" or three working days for employees designated by the letter "D" in said schedule. 1 E. Jury Duty--Leave of Absence. Employees required to report for jury duty on a scheduled workday shall be granted a leave of absence from their assigned duties until release by the court. When on jury duty, such employees shall receive compensation from the city equal to the difference between their regular salaries and the amount received from the court for jury duty service, less mileage. Employees released from jury duty must report for work as soon as possible the same day. F. Maternity--Leave of Absence. Any employee disabled due to pregnancy, childbirth or related medical conditions may use disability (where available), accrued sick leave, accrued vacation, other accrued leave (where available) or unpaid medical leave of absence for the period during which such disability exists, not to exceed six months except as approved by the city council pursuant to Section 2.84.560. An employee requesting maternity leave must provide thirty days' notice, unless the related medical condition is unforeseeable, to the department head, as well as the estimated duration of the maternity leave. G. Family Care--Leave of Absence. Accrued vacation, other accrued leave (where available), or unpaid leave of absence not to exceed twelve weeks in any twelve-month period shall be granted to an employee who has accrued more than one year of continuous service with the city and has worked at least 1,250 hours within the previous twelve-month period for the following purposes: 1. The birth, adoption or serious illness of a child, including the placement of a child in foster care. An employee seeking to take a leave for the birth of a child or placement of a child in adoption or foster care must take the leave during the twelve-month period immediately following the birth or placement. parent. 2. The serious illness of a spouse, child or 3. The employee's own serious illness. Leave provided for in this subsection may be taken in one or more periods, but shall not exceed a total of twelve weeks within a twelve-month period from the date the leave commenced. Leave is available only for an illness which involves either in-patient care or continuing treatment by a health care provider. Covered conditions include any serious or chronic health condition involving continuing treatment by a health care provider and causing more than three days' absence from work, school or other regular daily activity or which, if left untreated, would result in such absence. 2 "Continuing treatment by a health care provider" is defined as two or more treatments by such provider, or one treatment followed by a regimen of continuing treatments, such as physical therapy. This includes being supervised by a health care provider, without necessarily being actively treated, due to a serious long-term or chronic condition or disability which cannot be cured. Medical verification for the leave period requested is required for the employee or ill family member. Employees are required to give at least thirty (30) days' written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable. In granting a leave of absence pursuant to the Family and Medical Leave Act of 1993 (FMLA), the City requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave. In granting a leave of absence pursuant to the California Family Rights Act (FRA), the City requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave for the employee's own serious health condition. However, the City and the employee may mutually agree to the use of accumulated leave in the instance of leave under FRA for the birth, adoption or foster care of a child, or to care for a child, parent or spouse with a serious health condition. The balance of the twelve-week leave period shall be an unpaid leave of absence. Employees retain "employee" status while on family care leave. The leave does not constitute a break in service for purposes of longevity, and/or seniority. However, an employee on unpaid family care leave does not continue to accrue vacation leave, sick leave or any form of leave based upon hours worked. Pregnancy disability leave is provided for in subsection F. Employee health benefits shall be maintained under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period. Employees utilizing all accrued vacation and other accrued leave (where available) during the twelve weeks of leave shall continue to pay their employee contributions for health benefits. Employer may recover its premium if employee fails to return from leave for reasons other than serious health condition or other circumstances beyond employee's control. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act. All leaves of absence without pay not covered by this subsection shall be requested pursuant to subsection A. 3 H. Community Service--Leave of Absence. Leave of absence with pay, not to exceed one full working day in any twelve- month period, may be granted to an employee upon the recommendation of the department head and the approval of the city manager if such leave is determined to provide a community service and is in the best interests of the city. I. Discretion of the City Council. The city council may, at its discretion, upon good cause shown, grant leaves of absence other than as provided for in this chapter. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 4 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE Mayor of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN City Attorney MGA: p:rb ORD\~-B4-620.AMD 5/4/94 7/12/94(aga-oPdinance\2-84-620.fin) 5 MEMORANDUM July 31, 1995 Note To File From: Ginger J. Roe, Subject: Resolution No. Clerk/Typist 121-95 Per John Stinson, Assistant City Manager, pages 6 and 7 of the Memorandum of Understanding approved and attached to Resolution No. 121-95 required changes to meet the Association of Police Officers satisfaction and before they would sign and agree to the MOU. Attached to this memo are the original pages, with the changes highlighted, which were approved and attached to Resolution No. 121-95 in case a question arises at a later date. Mr. Stinson sta~(~ that the changes were not substantial and did not require f~hter council action. :gjr 08.02.00 in 08.03.00 08.04.00 08.05.00 Assignments. The City and Union agree that the Department shall consider the following factors 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 Union specifically acknowledge the need to balance experienced and inexperienced officers on all shifts. Appointments shall be made at the sole discretion of the Department. Supervisors Workin~ 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. 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. The previously established non-conversion sick leave "bank" will no longer exist for this group. Physical Assessment Program. At least once during the term of Agreement, 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, Body composition Muscular endurance Flexibility etc.) 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 08.06.00 08.07.00 08.08.00 08.09.00 08.10.00 voluntary. The Union will provide input to the City concerning the selection of providers. Voluntary Overtime. The voluntary overtime list shall remain in effect for the term of this Agreement. Individuals volunteering may work up to one (1) shift per twenty-eight (28) day work cycle at straight time rates. Use of the list shall be to maintain minimum staffing only and shall not be used to replace existing overtime compensation. Personnel Ordinance Chanqes. The parties have met and conferred on and agreed on changes to the following sections of the Bakersfield Municipal Code. The sections are: 2.84.350, 2.84.490, 2.84.570, 2.84.620. Copies of the amended code sections are attached. Pay Chanqes. Effective immediately, all pay rate changes (step increases, salary range changes, etc.) will be implemented at the start of the nearest pay period. Early Release Vacation Checks. Effective immediately, the practice of providing early release vacation checks shall end. Existin~ 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. 08.10.01 08 10.02 08 10.03 08 10.04 08 10.05 08 10.06 08 10.07 08.10.08 08.10.09 08.10.10 08.10.11 Grievance procedures as set forth in the Supplemental Rules and Regulations. Overtime Policy Minimum time or pay for court appearance Minimum time or pay for call-backs Vacations Holidays Pay for temporary assignments to higher rated positions Jury Duty Layoffs The City will continue to comply with the Peace Officers Bill of Rights Employer and Employee rights set forth in Co ~/~e ~'~