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in the Police Unit, is superseded by this Resolution.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 ~'~